This work is part of a series focusing on research into law and economics. It discusses a variety of topics in the field.

Trust is pervasive in our lives. Both our simplest actions - like buying a coffee, or crossing the street - as well as the functions of large collective institutions - like those of corporations and nation states - would not be possible without it. Yet only in the last several decades has trust started to receive focused attention from philosophers as a specific topic of investigation. The Routledge Handbook of Trust and Philosophy brings together 31 never-before published chapters, accessible for both students and researchers, created to cover the most salient topics in the various theories of trust. The Handbook is broken up into three sections: I. What is Trust? II. Whom to Trust? III. Trust in Knowledge, Science, and Technology The Handbook is preceded by a foreword by Maria Baghramian, an introduction by volume editor Judith Simon, and each chapter includes a bibliography and cross-references to other entries in the volume.

To a certain extent, this book is a translation of Recht, verhaal en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters 1, 5 and 9, however, differ considerably from the original. At the basis of the Dutch book were arguments already submitted in 'Narrative coherence in legal contexts', in C. Faralli and E. Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity', in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65; 'Narrative coherence and the guises of legalism', in P. Nerhot (ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute Facts', in The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 4, 1991, pp. 279-308. For chapters 1 and 9 I used the following materials: 'Law is narrative, not literature', in W.l. Witte- veen (ed.), Law, Rhetoric and Literature (Special Issue of the Dutch Jour- nal for Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp. 228-229); and 'Seeing Places: On Prepositions in Law', The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 6, 1993, pp. 249-270. Chapter 5 was rewritten on the basis of 'The Instituting of Brute Facts'.

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.

What one can know depends on one’s evidence. Good scientific theories are supported by evidence. Our experiences provide us with evidence. Any sort of inquiry involves the seeking of evidence. It is irrational to believe contrary to your evidence. For these reasons and more, evidence is one of the most fundamental notions in the field of epistemology and is emerging as a crucial topic across academic disciplines. The Routledge Handbook of the Philosophy of Evidence is an outstanding reference source to the key topics, problems and debates in this exciting subject and is first major volume of its kind. Comprising forty chapters by an international team of contributors the Handbook is divided into six clear parts: The Nature of Evidence Evidence and Probability The Social Epistemology of Evidence Sources of Evidence Evidence and Justification Evidence in the Disciplines. The Routledge Handbook of the Philosophy of Evidence is essential reading for students and researchers in philosophy of science and epistemology, and will also be of interest to those in related disciplines across the Humanities and Social Sciences such as law, religion, and history.

Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Avila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin (national, international, community) and multiple in nature (legal, contractual, jurisprudential). They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? "(...) it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method." (Riccardo Guastini, Professor of Jurisprudence, University of Genoa, Italy)

Democratic Government and Constitutional Jurisdiction brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country's institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Reading Ricoeur through Law, edited by Marc de Leeuw, George H. Taylor, and Eileen Brennan, is the first collection of essays solely focused on Ricoeur's thinking about law, bringing together both established and emerging scholars to offer a systematic and critical examination of Ricoeur's legal thinking. The chapters not only explore the specific contribution Ricoeur makes to the field of jurisprudence but also examine how Ricoeur's work on law fits, complements, or changes his overall anthropology, phenomenology, and hermeneutics. The book provides a complex insight into how law, ethics, and politics intertwine both from within law as normative rule setting, as well as through the wider social-political and historical context in which law and legal institutions affect our inter-subjective and communal life as lived "with and for others in just institutions." The collection also makes available in English "The Just between the Legal and the Good," a key text in Ricoeur's reflections about law and justice. The core topics of this collection are rights, justice, responsibility, judging, interpretation, argumentation, punishment, and authority, but contributors but also offer original insights in how Ricoeur's philosophical reconceptualization of symbolism, action, ideology, narrative, selfhood, testimony, history, trauma, reconciliation, justice, and forgiveness can be made productive for our understanding of law and legal institutions.

This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.

How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which - through a dialectically necessary argument - locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.

This book features mathematical and formal philosophers' efforts to understand philosophical questions using mathematical techniques. It offers a collection of works from leading researchers in the area, who discuss some of the most fascinating ways formal methods are now being applied. It covers topics such as: the uses of probable and statistical reasoning, rational choice theory, reasoning in the environmental sciences, reasoning about laws and changes of rules, and reasoning about collective decision procedures as well as about action. Utilizing mathematical techniques has been very fruitful in the traditional domains of formal philosophy - logic, philosophy of mathematics and metaphysics - while formal philosophy is simultaneously branching out into other areas in philosophy and the social sciences. These areas particularly include ethics, political science, and the methodology of the natural and social sciences. Reasoning about legal rules, collective decision-making procedures, and rational choices are of interest to all those engaged in legal theory, political science and economics. Statistical reasoning is also of interest to political scientists and economists.

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

"Eusebism" is a new moral philosophy based on respect, whose purpose is to change paradigms and perspectives that prevent human beings from being free and aware. Eusebism's unifying element is absolute and unconditional respect for everything that exists. From a material and transcendental perspective, it represents the only security on which to base relationships between all people and animals, to search for the best improvement possible and maximize overall well-being. Eusebism is not based on faith, but on observation and interpretation without subjectivism, even based upon species, sex, age, origin, propensity, habit, social status, technological level, and historical epoch. Humanism, animal rights, and environmentalism represent philosophical currents that, even if useful and innovative, remain confined within objective limitations since all consider just one element and automatically prevent referentiality to the other doctrines. The theory incorporates all those perspectives, assimilating inside a comprehensive general theory that rejects discrimination based on them. Eusebism's perspective inversion is explained by the question: "Why should I deny respect?"

Gender and Justice is a unique core textbook that introduces key concepts through case studies. Each chapter opens with a compelling case study that illustrates key concepts, followed by a narrative chapter that builds on the case study to introduce essential elements. Each chapter features pedagogical elements-learning objectives, key terms, review and study questions, and suggestions for further learning and exploration. In addition to the unique case study approach, this book is distinctive in its inclusion of LGBTQ experiences in crime, victimization, processing, and punishment. Gender and Justice also addresses masculinity and the role it plays in defining offenders and victims, as well as challenges posed by the gender gap in offending.

This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.

The essay addresses one of the main challenges to the contemporary methodology of the law, namely a new wave of naturalistic approaches that follow the rapid progress in the studies of the mind as a basis for psychological, behavioral, and cultural phenomena. The book aims to address the extent to which new developments of a naturalistic worldview affect the methodological foundations of studying and explaining the law, and distinguishes two fundamentally different models of scientific inquiry. Interpreting legal texts has to remain an anti-naturalistic, hermeneutic enterprise, conceiving law as a combination of causally related facts. As such, its scientific status depends mostly on its ability to become a part of an interdisciplinary web of naturalistic explanations of reality.

The United States is generally believed to be a liberal, rights-based culture. In such a society, according to Richard S. Markovits, arguments of moral principle dominate legal discourse.

Markovits analyzes various rights related to our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. By taking moral- and legal-rights arguments seriously, the book counters the tendencies of legal academics to substitute non-right-focused policy analysis for rights analysis and of judges to indulge their own political preferences under the guide of executing arcane, morally-disconnected "legal analysis."

Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, "Matters of Principle" is a deeply engaged and thoughtful work, certain to be controversial and much debated.

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

From the foreword by Richard A. Epstein, New York University, US: 'Chang reviews the various standards and concludes that the proper measure, which is most invulnerable to political manipulation, calls for compensation at the fair market level of the property at its highest and best use, not just its current value.' This innovative volume offers a thorough breakdown of the issues surrounding takings compensation - payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation - zero, current value, fair market value, economic value and project value compensation - and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues. Contents: Foreword by Richard Epstein; Introduction; Part I: Theoretical Framework; 1. A New Analytical Framework; 2. Condemnors: Three Behavioral Theories; 3. Condemnees: Four Types of Incentives; 4. Four Assessment Methods; Part II: Empirical Analysis; 5. Taiwan 1977-2009 and Condemnors' Incentives; 6. Taiwan 1954-77 and Condemnees' Incentives; 7. Settled Compensation in New York City and the Power of Hedonic Regression Models; 8. Adjudicated Compensation in New York City and the Failure of Appraisal Methods; Conclusion; References; Index

This book explores innovative and context-driven political and legal policy measures designed to expand the powers of the African Union (AU) in order to meaningfully drive the continental integration process. In this regard, the book addresses issues of context, political will, and innovative and inclusive approaches as essential elements that must be considered. Africa is currently experiencing one of the most critical phases of its integrative development. Since 2015, there have been increasing efforts to develop policies and practices that grant the AU broader powers to coordinate and create binding rules regarding the regional integration process. In other words, these processes seek to endow the AU with supranational powers like those exercised by the European Union, which, despite its internal problems, remains the most successful experiment in supranationalism in the world. This has included the decision to finance the AU through a 0.2% tax on eligible imports into member states; the decision to reduce the number of AU Commission portfolios from eight to six; the adoption and entry into force of the much touted Agreement establishing the African Continental Free Trade Area; the adoption of the Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right to Residence and Right of Establishment; and the adoption of the AU Agenda 2063 policy framework in 2015. How these processes will change the direction of regional integration in Africa, the book argues, largely depends on the existence of quality-driven institutions.