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

Research Handbook on the Theory and Practice of International Lawmaking (Hardcover): Catherine Broelmann, Yannick Radi Research Handbook on the Theory and Practice of International Lawmaking (Hardcover)
Catherine Broelmann, Yannick Radi
R6,899 Discovery Miles 68 990 Ships in 12 - 19 working days

'A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.' - Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The Editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives. Contributors: M.S. Barr, B.I. Bonafe, C. Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernandez, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward

Labour Law and Sustainable Development (Hardcover): Valentina Cagnin Labour Law and Sustainable Development (Hardcover)
Valentina Cagnin
R3,531 Discovery Miles 35 310 Ships in 10 - 15 working days
More Posthuman Glossary (Hardcover): Rosi Braidotti, Emily Jones, Goda Klumbyte More Posthuman Glossary (Hardcover)
Rosi Braidotti, Emily Jones, Goda Klumbyte
R2,349 Discovery Miles 23 490 Ships in 12 - 19 working days

The notion of the posthuman continues to both intrigue and confuse, not least because of the huge number of ideas, theories and figures associated with this term. More Posthuman Glossary provides a way in to the dizzying array of posthuman concepts, providing vivid accounts of emerging terms. It is much more than a series of definitions, however, in that it seeks to imagine and predict what new terms might come into being as this exciting field continues to expand. A follow-up volume to the brilliant interventions of Posthuman Glossary (2018), this book extends and elaborates on that work, particularly focusing on concepts of race, indigeneity and new ideas in radical ecology. It also includes new and emerging voices within the new humanities and multiple modes of communicating ideas. This is an indispensible glossary for those who are exploring what the non-human, inhuman and posthuman might mean in the 21st century.

The Common Law (Hardcover): Oliver Wendell Holmes The Common Law (Hardcover)
Oliver Wendell Holmes
R1,006 Discovery Miles 10 060 Ships in 10 - 15 working days

The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions.

The Transformative Constitution - A Radical Biography in Nine Acts (Hardcover): Gautam Bhatia The Transformative Constitution - A Radical Biography in Nine Acts (Hardcover)
Gautam Bhatia
R776 R535 Discovery Miles 5 350 Save R241 (31%) Ships in 12 - 19 working days
Justice Holmes - The Measure of His Thought (Hardcover): Anthony Murray, Edwin G Quattlebaum Justice Holmes - The Measure of His Thought (Hardcover)
Anthony Murray, Edwin G Quattlebaum
R1,862 Discovery Miles 18 620 Ships in 10 - 15 working days
Law in Theory and History - New Essays on a Neglected Dialogue (Hardcover): Maksymilian Del Mar, Michael Lobban Law in Theory and History - New Essays on a Neglected Dialogue (Hardcover)
Maksymilian Del Mar, Michael Lobban
R4,251 Discovery Miles 42 510 Ships in 12 - 19 working days

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

On Civil Liberty and Self-Government (1859) - Enlarged edition in one volume (Hardcover, Enl in One Volume ed.): Francis Lieber On Civil Liberty and Self-Government (1859) - Enlarged edition in one volume (Hardcover, Enl in One Volume ed.)
Francis Lieber
R1,202 Discovery Miles 12 020 Ships in 10 - 15 working days
Creativity without Law - Challenging the Assumptions of Intellectual Property (Hardcover): Kate Darling, Aaron Perzanowski Creativity without Law - Challenging the Assumptions of Intellectual Property (Hardcover)
Kate Darling, Aaron Perzanowski
R2,921 Discovery Miles 29 210 Ships in 10 - 15 working days

Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses-sensitive to their particular cultural, competitive, and technological circumstances-to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.

Directory of EU Case Law on State Aids (Hardcover, 4th ed.): Rene Barents Directory of EU Case Law on State Aids (Hardcover, 4th ed.)
Rene Barents
R8,784 Discovery Miles 87 840 Ships in 10 - 15 working days
The Common Law Tradition - Deciding Appeals (Hardcover): Karl N. Llewellyn The Common Law Tradition - Deciding Appeals (Hardcover)
Karl N. Llewellyn; Foreword by Steven Alan Childress
R1,229 Discovery Miles 12 290 Ships in 10 - 15 working days
Self-Reliance, Nature, and Other Essays (Deluxe Library Edition) (Hardcover): Ralph Waldo Emerson Self-Reliance, Nature, and Other Essays (Deluxe Library Edition) (Hardcover)
Ralph Waldo Emerson
R792 Discovery Miles 7 920 Ships in 12 - 19 working days
Intellectual Property Law in China (Hardcover, 2nd edition): Christopher Heath Intellectual Property Law in China (Hardcover, 2nd edition)
Christopher Heath
R5,244 Discovery Miles 52 440 Ships in 10 - 15 working days
Law and Autonomous Machines - The Co-evolution of Legal Responsibility and Technology (Hardcover): Mark Chinen Law and Autonomous Machines - The Co-evolution of Legal Responsibility and Technology (Hardcover)
Mark Chinen
R3,185 Discovery Miles 31 850 Ships in 12 - 19 working days

This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines. This book is a valuable resource for scholars and practitioners of legal doctrine, ethics and autonomous technologies, as well as legislators and policy makers, and engineers and designers who are interested in the broader implications of their work.

Eugen Ehrlich: Bibliographic Index (Hardcover): Sergiy Nezhurbida Eugen Ehrlich: Bibliographic Index (Hardcover)
Sergiy Nezhurbida
R1,970 Discovery Miles 19 700 Ships in 10 - 15 working days
Judging Positivism (Hardcover): Margaret Martin Judging Positivism (Hardcover)
Margaret Martin
R2,862 Discovery Miles 28 620 Ships in 12 - 19 working days

Judging Positivism is a critical exploration of the method and substance of legal positivism. Author Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily, but not exclusively, on the writings of prominent legal positivist Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One reoccurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely Ronald Dworkin, the legal realists, and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalized by positivists re-emerge, ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.

Un-Veiling Dichotomies - European Secularism and Women's Veiling (Hardcover, 1st ed. 2021): Giorgia Baldi Un-Veiling Dichotomies - European Secularism and Women's Veiling (Hardcover, 1st ed. 2021)
Giorgia Baldi
R2,863 Discovery Miles 28 630 Ships in 12 - 19 working days

This book analyzes the implication of secular/liberal values in Western and human rights law and its impact on Muslim women. It offers an innovative reading of the tension between the religious and secular spheres. The author does not view the two as binary opposites. Rather, she believes they are twin categories that define specific forms of lives as well as a specific notion of womanhood. This divergence from the usual dichotomy opens the doors for a reinterpretation of secularism in contemporary Europe. This method also helps readers to view the study of religion vs. secularism in a new light. It allows for a better understanding of the challenges that contemporary Europe now faces regarding the accommodation of different religious identities. For instance, one entire section of the book concerns the practice of veiling and explores the contentious headscarf debate. It features case studies from Germany, France, and the UK. In addition, the analysis combines a wide range of disciplines and employs an integrated, comparative, and inter-disciplinary approach. The author successfully brings together arguments from different fields with a comparative legal and political analysis of Western and Islamic law and politics. This innovative study appeals to students and researchers while offering an important contribution to the debate over the role of religion in contemporary secular Europe and its impact on women's rights and gender equality.

Vienna Lectures on Legal Philosophy, Volume 1 - Legal Positivism, Institutionalism and Globalisation (Hardcover): Christoph... Vienna Lectures on Legal Philosophy, Volume 1 - Legal Positivism, Institutionalism and Globalisation (Hardcover)
Christoph Bezemek, Michael Potacs, Alexander Somek
R2,683 Discovery Miles 26 830 Ships in 12 - 19 working days

The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.

Making Laws That Work - How Laws Fail and How We Can Do Better (Hardcover): David Goddard Making Laws That Work - How Laws Fail and How We Can Do Better (Hardcover)
David Goddard
R3,203 Discovery Miles 32 030 Ships in 12 - 19 working days

This book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance. It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future. It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change. Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults. The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.

Shared Authority - Courts and Legislatures in Legal Theory (Hardcover): Dimitrios Kyritsis Shared Authority - Courts and Legislatures in Legal Theory (Hardcover)
Dimitrios Kyritsis
R3,030 Discovery Miles 30 300 Ships in 12 - 19 working days

This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

The Continuity of Legal Systems in Theory and Practice (Hardcover): Benjamin Spagnolo The Continuity of Legal Systems in Theory and Practice (Hardcover)
Benjamin Spagnolo
R3,388 Discovery Miles 33 880 Ships in 12 - 19 working days

The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

A Treatise of Legal Philosophy and General Jurisprudence - Volume 6: A History of the Philosophy of Law from the Ancient Greeks... A Treatise of Legal Philosophy and General Jurisprudence - Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (Hardcover, 2nd ed. 2015)
Fred D. Miller Jr, Carrie-Ann Biondi
R5,531 Discovery Miles 55 310 Ships in 12 - 19 working days

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise's historical volumes (following the five theoretical ones) and is dedicated to the philosophers' philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.

Minority Jurisprudence in Islam - Muslim Communities in the West (Hardcover): Susanne Olsson Minority Jurisprudence in Islam - Muslim Communities in the West (Hardcover)
Susanne Olsson
R4,232 Discovery Miles 42 320 Ships in 12 - 19 working days

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

States Undermining International Law - The League of Nations, United Nations, and Failed Utopianism (Hardcover, 1st ed. 2021):... States Undermining International Law - The League of Nations, United Nations, and Failed Utopianism (Hardcover, 1st ed. 2021)
Deepak Mawar
R3,120 Discovery Miles 31 200 Ships in 10 - 15 working days

This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system's most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community's most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

Courtroom Power Distance Dynamics (Hardcover, 1st ed. 2021): Michal Dudek, Mateusz Stepien Courtroom Power Distance Dynamics (Hardcover, 1st ed. 2021)
Michal Dudek, Mateusz Stepien
R4,137 Discovery Miles 41 370 Ships in 10 - 15 working days

The book presents a comprehensive reconceptualization of Geert Hofstede's well-known concept of power distance, applying the theory to the specific case of judge-witness courtroom interactions in Polish regional courts. In the light of the detailed critique of Hofstede's original approach to power distance, the book first carefully develops a three-level concept of power distance, including personal preferences concerning the realization of power relations (subjective level); rules, practices and spatio-architectural arrangements underlying power relations (organizational level); and individual demeanors that can, in practice, increase or decrease the asymmetry between parties to a power relation (interactional level). This reconceptualization provides a universal conceptual apparatus that is applicable to various social settings, but the authors have used it in extensive qualitative and quantitative research focused on courtroom interactions. After laying the theoretical foundations, the book details the elements of judge-witness courtroom interactions (both verbal and non-verbal) that contribute to establishing power distance between judge and witness. These were identified over 6 months of observational research conducted in 2018 in the Krakow regional courts. Lastly, the book addresses the issue of the relationship between the subjective level of power distance and opinions that laypeople can have concerning a judge's demeanor in the courtroom environment. To do so, it describes specific quantitative research that involved the creation of original film clips depicting witness questioning by the judge in a courtroom in three power distance situations. Offering a coherent framework for examining various interpersonal relations in legal contexts and illustrating how the framework can be applied on the courtroom interactions example, the book will appeal to a wide range of legal practitioners and academics. It also allows scientists outside the legal field to gain a new and broad understanding of power distance that they can easily apply in their respective fields. Furthermore, it provides non-academics with insights into courtroom interactional dynamics, as exemplified by the discussion of Polish judicial practice.

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