"Nietzsche and Legal Theory" is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work.

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence."

This book consists of 7 parts and 1,260 articles, each part in turn being the General Provisions, Real Rights, Contracts, Personal and Personality Rights, Marriage and Family, Succession, Tort Liability, and the By-laws, which came into force on January 1, 2021. The codification of the Civil Code is a comprehensive and systematic compilation and revision of the existing civil legal norms of China, which were formulated in different periods of time. The Civil Code of the People's Republic of China is recognized as a declaration and guarantee of civil rights in China. This book is characterized by the addition of article-by-article purpose on the basis of legal articles, systematically indicating the main content of each article, so that readers can easily and clearly understand the content of the articles.

Bringing together scholars from a broad range of theoretical perspectives, The Language of Argumentation offers a unique overview of research at the crossroads of linguistics and theories of argumentation. In addition to theoretical and methodological reflections by leading scholars in their fields, the book contains studies of the relationship between language and argumentation from two different viewpoints. While some chapters take a specific argumentative move as their point of departure and investigate the ways in which it is linguistically manifested in discourse, other chapters start off from a linguistic construction, trying to determine its argumentative function and rhetorical potential. The Language of Argumentation documents the currently prominent research on stylistic aspects of argumentation and illustrates how the study of argumentation benefits from insights from linguistic models, ranging from theoretical pragmatics, politeness theory and metaphor studies to models of discourse coherence and construction grammar.

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

With a Foreword by the Rt Hon Lord Wilberforce The practical and theoretical policy underpinning the use of judicial remedies on private international law are now assuming great importance within the framework of increasing cross-border litigation. This book is designed to treat these remedies in an analytical and systematic fashion. The forms of relief available,interlocutory and final, have developed into a category of their own, with distinctive principles and considerations. Arising out of a blend of international conventions, national legislation and the jurisprudence of the courts, the remedies have developed their own character quite distinct from the remedies available in national courts under domestic law. Divided into ten chapters, the book provides an analysis of each remedy in theoretical and policy terms, and a practical discussion of the remedies in personam and in rem. Written primarily from the perspective of English law the text also makes use of plentiful comparative examples and will be useful to academics and practitioners alike.

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.

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law.

This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL s web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities.

The classical concept ofInternationalLa w, as developed by Gentilis, Gro tius and their successors, accepted as its starting point the sovereignty of states, from which it followed that (r) the rules of International Law were based upon the general consent of those states; and (2) that, since state sovereignty was not capable of limitation, otherwise than by the consent of the state itself, in the last resort, International Law must accept the fact of war. Two world wars within the space of thirty years, and the development of nuclear weapons of unlimited potential, have compelled statesmen and lawyers to take a fresh look at the foundations of international relations. The First World War was followed by the creation of the League of Nations, and by the establish ment of the Permanent Court of International Justice. The failure of both, insofar as the preservation of peace was concerned, was apparent in the continuance of international insecurity, culminating in World War II. This again was followed by the establishment of a new inter national organisation, the United Nations, with its auxiliary, the International Court of Justice. Nevertheless, international security seems further away than ever, and it may be suggested that it is the devastating potential of nuclear weapons, rather than the strength of international machinery, which has so far prevented a third general conflict far more disastrous than either of the two World Wars which have already taken place."

This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.  

The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.

This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience - States, applicants and public opinion - of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors look for paths, repetitive patterns of argumentation, and divide them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal, and at the same time pragmatic and axiologically neutral narrative, on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of Jurisprudence, Human Rights Law, and Law and Language.

This book is about religion, pacifism, and the nonviolence that informs pacifism in its most coherent form. Pacifism is one religious approach to war and violence. Another is embodied in just war theories, and both pacifism and just war thinking are critically examined. Although moral support for pacifism is presented, a main focus of the book is on religious support for pacifism, found in various religious traditions. A crucial distinction for pacifism is that between force and violence. Pacifism informed by nonviolence excludes violence, but, the book argues, allows forms of force. Peacekeeping is an activity that on the face of it seems compatible with pacifism, and several different forms of peacekeeping are examined. The implications of nonviolence for the treatment of nonhuman animals are also examined. Two models for attaining the conditions required for a world without war have been proposed. Both are treated and one, the model of a biological human family, is developed. The book concludes with reflections on the role of pacifism in each of five possible futurescapes.

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

This book examines the conception of the person at work in John Rawls's writings from "Theory of Justice "to "Justice as Fairness: A Restatement." The book aims to show that objections to Rawls's political conception of the person fail and that a Rawlsian conception of political identity is defensible. The book shows that the debate between liberals and communitarians is relevant to the current debate regarding perfectionism and neutrality in politics, and clarifies the debate between Rawls and communitarians in a way that will promote fruitful discussion on the issue of political identity. It does this by providing a clearer account of a conception of personal identity according to which persons are socially constituted, including the intuitions and assumptions underlying the communitarians' conception of persons as "socially constituted." It examines the communitarian objections to liberal political theory and to the liberal conception of persons, the "unencumbered self." The book differentiates between two types of objection to the liberal conception of persons: the metaphysical and normative. It explains Rawls's political conception of persons, and the metaphysical and normative commitments Rawls incurs-and does not incur-in virtue of that conception. It shows that both kind of objection to Rawls's political conception of the person fail. Finally, modifying Rawls's political conception of the person, a Rawlsian conception of political identity is explained and defended.

This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance. The book’s main goal is to provide, for the first time in English, a comprehensive source for those interested in the variety of states, constitutional and public legal orders which have succeeded one another during Transylvania’s tumultuous history. It serves to underline the region’s uniqueness as a space where (for better or worse) several nationalities, multiple religions and varied cultures have had to find a way to get along, under the pressures of external state and constitutional orders. It seeks to show both the positive and the negative solutions found, which advanced or hindered this goal of organised coexistence.

This edited volume analyzes participatory practices in art and cultural heritage in order to determine what can be learned through and from collaboration across disciplinary borders. Following recent developments in museology, museum policies and practices have tended to prioritize community engagement over a traditional focus on collecting and preserving museal objects. At many museal institutions, a shift from a focus on objects to a focus on audiences has taken place. Artistic practices in the visual arts, music, and theater are also increasingly taking on participatory forms. The world of cultural heritage has seen an upsurge in participatory governance models favoring the expertise of local communities over that of trained professionals. While museal institutions, artists, and policy makers consider participation as a tool for implementing diversity policy, a solution to social disjunction, and a form of cultural activism, such participation has also sparked a debate on definitions, and on issues concerning the distribution of authority, power, expertise, agency, and representation. While new forms of audience and community engagement and corresponding models for "co-creation" are flourishing, fundamental but paralyzing critique abounds and the formulation of ethical frameworks and practical guidelines, not to mention theoretical reflection and critical assessment of practices, are lagging. This book offers a space for critically reflecting on participatory practices with the aim of asking and answering the question: How can we learn to better participate? To do so, it focuses on the emergence of new norms and forms of collaboration as participation, and on actual lessons learned from participatory practices. If collaboration is the interdependent formulation of problems and entails the common definition of a shared problem space, how can we best learn to collaborate across disciplinary borders and what exactly can be learned from such collaboration?

Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union.

In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization.

In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations.

In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime.

Are we able to do everything we ought to do? According to the important but controversial Ought Implies Can principle, the answer is yes. In this book Alex King sheds some much-needed light on this principle. She argues that it is flawed because we are obligated to perform some actions that we cannot perform, and goes on to present a suggested theory for anyone who would deny the principle. She examines the traditional motivations for Ought Implies Can, and finds that they to a large degree do not support it. Using examples like gay rights, addiction, and disability, she argues that we can preserve many of the motivations that led us to the principle by thinking more about what we, as individuals or institutions, can fairly demand of ourselves and each other.