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

The History of South African Law  - An Outline (Paperback): A.B. Edwards The History of South African Law - An Outline (Paperback)
A.B. Edwards
R490 Discovery Miles 4 900 Ships in 4 - 8 working days
What Kind of Death - The Ethics of Determining One's Own Death (Hardcover): Govert Den Hartogh What Kind of Death - The Ethics of Determining One's Own Death (Hardcover)
Govert Den Hartogh
R3,980 Discovery Miles 39 800 Ships in 9 - 17 working days

This book offers an examination of physician-assisted death, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death.

Interdisciplinarities - Research Process, Method, and the Body of Law (Hardcover, 1st ed. 2022): Didi Herman, Connal Parsley Interdisciplinarities - Research Process, Method, and the Body of Law (Hardcover, 1st ed. 2022)
Didi Herman, Connal Parsley
R1,257 R797 Discovery Miles 7 970 Save R460 (37%) Ships in 12 - 19 working days

This book illuminates methodology in legal research by bringing together interdisciplinary scholars, who employ a diverse set of methodologies, to address a specific shared research challenge: 'the body'. The contributors were asked a question: if you were invited to contribute to an edited book on 'the body', where would you start and then where would you go? The result is a self-reflective discussion of how and where researchers engage with methodological practices. The contributors draw on their own interdisciplinary research experiences to explore how 'the body' might be addressed in their work, and the resources they would deploy in order to carry out the task. This 'book within a book' is innovative in both content and format. It provides a rare insight into how top interdisciplinary legal scholars go about making decisions about their research. The shared device of 'the body' allows the volume to trace a number of rich approaches into the process of research as practiced by these diverse scholars. In presenting thinking and research in action, the volume offers a new, self-reflective view on the much-addressed theme of the body, as well as taking a fresh approach to the historically vexed problem of research methodology in legal studies.

Justice, Democracy and Reasonable Agreement (Hardcover, 2007 ed.): C Farrelly Justice, Democracy and Reasonable Agreement (Hardcover, 2007 ed.)
C Farrelly
R1,524 Discovery Miles 15 240 Ships in 10 - 15 working days

Farrelly argues against the principled paradigm of ideal theory and champions instead a virtue-oriented theory of justice entitled 'civic liberalism'. He critically assesses the main contemporary theories of justice and tackles a number of applied topics, ranging from constitutional design and free speech to welfare reform and economic incentives. "Justice, Democracy and Reasonable Agreement" is a plea for political philosophers to take seriously a range of non-ideal considerations such as scarcity, pervasive disadvantage, non-compliance, indeterminacy, disagreement and fallibility.

Dictatorship - New Trajectories in Law (Hardcover): Dimitrios Kivotidis Dictatorship - New Trajectories in Law (Hardcover)
Dimitrios Kivotidis
R1,764 Discovery Miles 17 640 Ships in 9 - 17 working days

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

Integration Requirements for Immigrants in Europe - A Legal-Philosophical Inquiry (Hardcover): Tamar de Waal Integration Requirements for Immigrants in Europe - A Legal-Philosophical Inquiry (Hardcover)
Tamar de Waal
R2,334 R1,439 Discovery Miles 14 390 Save R895 (38%) Ships in 9 - 17 working days

Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.

The Routledge Handbook of the Ethics of Discrimination (Paperback): Kasper Lippert-rasmussen The Routledge Handbook of the Ethics of Discrimination (Paperback)
Kasper Lippert-rasmussen
R1,532 Discovery Miles 15 320 Ships in 9 - 17 working days

While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the handbook is divided into six main parts: * conceptual issues * the wrongness of discrimination * groups of 'discriminatees' * sites of discrimination * causes and means * history of discrimination. Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics.

A Theory of Communication and Justice (Hardcover): Klaus Bruhn Jensen A Theory of Communication and Justice (Hardcover)
Klaus Bruhn Jensen
R4,406 Discovery Miles 44 060 Ships in 9 - 17 working days

This book outlines a theory of communication and justice for the digital age, updating classic positions in political philosophy and ethics, and engaging thinkers from Aristotle through Immanuel Kant and the American pragmatists to John Rawls, Jürgen Habermas, and Amartya Sen. In communication seeking to define justice and call out injustice, there is such a thing as the last word. The chapters in this book trace the historical emergence of communication as a human right; specify the technological resources and institutional frameworks necessary for exercising that right; and address some of the challenges following from digitalization that currently confront citizens, national regulators, and international agencies. Among the issues covered are public access to information archives past and present; local and global networks of communication as sources of personal identities and imagined communities; the ongoing reconfiguration of the press as a fourth branch of governance; and privacy as a precondition for individuals and collectives to live their lives according to plans, and to make their own histories. The book will be of interest to students and researchers in media and communication studies, cultural studies, political philosophy and ethics, and interdisciplinary fields examining the ethical and political implications of new information and communication infrastructures.

Popular Sovereignty in Early Modern Constitutional Thought (Paperback): Daniel Lee Popular Sovereignty in Early Modern Constitutional Thought (Paperback)
Daniel Lee
R1,445 Discovery Miles 14 450 Ships in 12 - 19 working days

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Law and Evil - The Evolutionary Perspective (Hardcover): Wojciech Zaluski Law and Evil - The Evolutionary Perspective (Hardcover)
Wojciech Zaluski
R2,510 Discovery Miles 25 100 Ships in 12 - 19 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.

Human Law and Computer Law: Comparative Perspectives (Hardcover, 2013 ed.): Mireille Hildebrandt, Jeanne Gaakeer Human Law and Computer Law: Comparative Perspectives (Hardcover, 2013 ed.)
Mireille Hildebrandt, Jeanne Gaakeer
R4,082 R3,513 Discovery Miles 35 130 Save R569 (14%) Ships in 12 - 19 working days

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.

Ambiguity in EU Law - A Linguistic and Legal Analysis (Hardcover): Sofiya Kartalova Ambiguity in EU Law - A Linguistic and Legal Analysis (Hardcover)
Sofiya Kartalova
R3,943 Discovery Miles 39 430 Ships in 9 - 17 working days

- challenges some of the theoretical assumptions about ambiguity in EU law - presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU's leading preliminary rulings - will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism

In the Realm of Legal and Moral Philosophy - Critical Encounters (Hardcover): M. Kramer In the Realm of Legal and Moral Philosophy - Critical Encounters (Hardcover)
M. Kramer
R2,868 Discovery Miles 28 680 Ships in 10 - 15 working days

In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.L.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.

Conviction - The Law, the State and the Construction of Justice (Hardcover): D McBarnet Conviction - The Law, the State and the Construction of Justice (Hardcover)
D McBarnet
R2,862 Discovery Miles 28 620 Ships in 10 - 15 working days
The Law and Ethics of Freedom of Thought, Volume 1 - Neuroscience, Autonomy, and Individual Rights (Hardcover, 1st ed. 2021):... The Law and Ethics of Freedom of Thought, Volume 1 - Neuroscience, Autonomy, and Individual Rights (Hardcover, 1st ed. 2021)
Marc Jonathan Blitz, Jan Christoph Bublitz
R3,902 Discovery Miles 39 020 Ships in 12 - 19 working days

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts - and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, "[f]reedom to think is absolute of its own nature" because even "the most tyrannical government is powerless to control the inward workings of the mind." But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual's cognitive liberty or autonomy) requires.

Conceptual Jurisprudence - Methodological Issues, Classical Questions and New Approaches (Hardcover, 1st ed. 2021): Jorge Luis... Conceptual Jurisprudence - Methodological Issues, Classical Questions and New Approaches (Hardcover, 1st ed. 2021)
Jorge Luis Fabra-Zamora, Gonzalo Villa Rosas
R3,033 R2,396 Discovery Miles 23 960 Save R637 (21%) Ships in 12 - 19 working days

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law's normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Vindicatory Justice - Beyond Law and Revenge (Hardcover, 1st ed. 2022): Raul Marquez Porras, Riccardo Mazzola, Ignasi Terradas... Vindicatory Justice - Beyond Law and Revenge (Hardcover, 1st ed. 2022)
Raul Marquez Porras, Riccardo Mazzola, Ignasi Terradas Saborit
R4,246 Discovery Miles 42 460 Ships in 12 - 19 working days

This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice-which it terms 'vindicatory'-wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace-or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue duree historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.

Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Hardcover, 1997 ed.): Jaap Hage Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Hardcover, 1997 ed.)
Jaap Hage
R5,738 Discovery Miles 57 380 Ships in 10 - 15 working days

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

Dictatorship - New Trajectories in Law (Paperback): Dimitrios Kivotidis Dictatorship - New Trajectories in Law (Paperback)
Dimitrios Kivotidis
R743 Discovery Miles 7 430 Ships in 9 - 17 working days

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

The Laws of Love - A Brief Historical and Practical Manual (Hardcover): P. Goodrich The Laws of Love - A Brief Historical and Practical Manual (Hardcover)
P. Goodrich
R3,367 Discovery Miles 33 670 Ships in 10 - 15 working days

You are at a dinner with someone attractive. She suddenly kisses you. Or he leans unexpectedly across the table and caresses your thigh. Whatever. You know the kind of encounter and the range of possible responses. Consider the kiss. What does it mean, and where does it lead? Does kissing necessarily imply more, and if so how much? These and similar questions of amorous ethics and erotic disquisition are the central to our everyday intimate public lives and they are the lost object of the law of love, the "lex amatoria" collated and presented here.

Arsyad al-Banjari's Insights on Parallel Reasoning and Dialectic in Law - The Development of Islamic Argumentation Theory... Arsyad al-Banjari's Insights on Parallel Reasoning and Dialectic in Law - The Development of Islamic Argumentation Theory in the 18th Century in Southeast Asia (Hardcover, 1st ed. 2022)
Muhammad Iqbal
R3,146 Discovery Miles 31 460 Ships in 10 - 15 working days

This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari's dialectical use and understanding of qiyas or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyas. The author develops a framework for qiyas which acts as the interface between jadal, dialogical logic, and Per Martin-Loef's Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyas applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyas as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyas comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.

Ronald Dworkin's Theory of Equality - Domestic and Global Perspectives (Hardcover): Alexander Brown Ronald Dworkin's Theory of Equality - Domestic and Global Perspectives (Hardcover)
Alexander Brown
R1,522 Discovery Miles 15 220 Ships in 10 - 15 working days

Ronald Dworkins work on equality has shaped debates in the field of distributive justice for nearly three decades. In this book Alexander Brown attempts to provide a critique but also a defence of that work, and to extend equality of resources globally.

Law and Culture - Reconceptualization and Case Studies (Hardcover, 1st ed. 2022): Mateusz Stepien, Jan Bazyli Klakla Law and Culture - Reconceptualization and Case Studies (Hardcover, 1st ed. 2022)
Mateusz Stepien, Jan Bazyli Klakla
R4,579 Discovery Miles 45 790 Ships in 12 - 19 working days

Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.

Introduction to the Semantics of Law (Hardcover, 1st ed. 2022): Andrzej Malec Introduction to the Semantics of Law (Hardcover, 1st ed. 2022)
Andrzej Malec
R3,356 Discovery Miles 33 560 Ships in 10 - 15 working days

This book offers an introduction to the language of law from the perspective of logical semantics. As a logical tool, Boguslaw Wolniewicz's formal ontology of situations is adapted. The central issue addressed is the meaning of normative statements, primarily legal norms. The main outcome of the book consists in explications of several legal notions (including legal events, legal acts and legal rules) in terms of the formal ontology of situations. In addition, the book concludes that legal norms are sentences in a logical sense, so some are true, while others are false, and that their logical value does not depend on whether or not they were adopted in the law-making process. Lastly, the book contends that there are semantic relations between orders that are similar to entailment, contradiction, opposition, and sub-opposition, despite the fact that orders are not sentences in a logical sense, i.e., they are neither true nor false.The book also presents some original Wittgenstein-style deontic logics built on the first order logic. The formal results are applied to selected problems in the theory of law, including the problem of the possibility of algorithmic application of legal norms.

International Human Rights Law and Protection Against Gender-Based Harm on the Internet (Hardcover, 1st ed. 2022): Maria... International Human Rights Law and Protection Against Gender-Based Harm on the Internet (Hardcover, 1st ed. 2022)
Maria Sjoeholm
R3,665 Discovery Miles 36 650 Ships in 10 - 15 working days

This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

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