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Public law has been conceived in many different ways, sometimes
overlapping, often conflicting. However in recent years a common
theme running through the discussions of public law is one of loss.
What function and future can public law have in this rapidly
transforming landscape, where globalized states and supranational
institutions have ever-increasing importance? The contributions to
this volume take stock of the idea, concepts, and values of public
law as it has developed alongside the growth of the modern state,
and assess its continued usefulness as a distinct area of legal
inquiry and normativity in light of various historical trends and
contemporary pressures affecting the global configuration of law in
general. Divided into three parts, the first provides a conceptual,
philosophical, and historical understanding of the nature of public
law, the nature of private law and the relationship between the
public, the private, and the concept of law. The second part
focuses on the domains, values, and functions of public law in
contemporary (state) legal practice, as seen, in part, through its
relationship with private domains, values, and functions. The final
part engages with the new legal scholarship on global
transformation, analysing the changes in public law at the national
level, including the new forms of interpenetration of public and
private in the market state, as well as exploring the ubiquitous
use of public law values and concepts beyond the state.
This book gathers together leading voices in virtue theory-an
increasingly influential aspect of legal theory in the 21st
century-to take stock of virtue jurisprudence's evolution and
suggest ways in which this approach can be further developed. The
contributions address the three main axes along which virtue
jurisprudence has unfolded in the past decades: the quest to
provide a suitable virtue-based foundation for the law (in general)
or for some aspects of it (in particular, but not exclusively,
criminal law); the investigation of the role played by character
traits in legal decision-making; and the investigation of how the
law can be part of a virtuous life. As will become apparent for
readers of this volume, those lines are converging and, as they do
so, a general virtue-based approach to the study of law is starting
to emerge. Crucial in addressing problems with legal experience for
which the resources of traditional legal theory are insufficient,
this book's investigation of virtue theory and virtue jurisprudence
will be of interest to all of those studying legal decision-making
and the philosophy of law, as well as those studying virtue ethics
more widely. It was originally published as a special issue of
Jurisprudence.
The contributions in this volume pay homage to Zenon BaA"kowski,
with a focus on problems concerning law's normalization and the
revitalizing force of anxiety. Ranging from political critique to
methodological issues and from the role of human rights in
development to the role of parables and analogy in legal reasoning,
the contributions themselves are testament to the richness of
BaA"kowski's scholarship, as well as to the applicability of his
core ideas to a wide range of issues. Divided into five parts, the
book focuses on the role and methods of the jurist; conceptions of
legality and the experience of living under rules; jurisprudential
issues affecting exchange and the market; and the burden and
methods of legal judgement. It also includes BaA"kowski's 2011
valedictory lecture and a bibliography of his work. Comprising all
original contributions, the contributors represent a balance of
established, leading figures and younger, emerging scholars in the
field of legal and social theory.
Bringing together established academics and new researchers, the
chapters in this collection interrogate the operation of 'the
public' in a range of different legal, illegal and alegal spaces.
The key question which frames the contributions is whether and in
what manner 'the public' operates as an interface between law and
society, allowing the interests and opinions of the population at
large to be represented and reflected in legal discourse, such that
collectively generated imperatives may be imposed upon political
and economic actors. Multi-disciplinary in its approach, the volume
reflects an understanding that there is more to the role of 'the
public' in relation to law than the conventional demarcation of the
field of 'public law' and that this relationship is open to comment
from a wide range of actors.
The contributions in this volume pay homage to Zenon BaA"kowski,
with a focus on problems concerning law's normalization and the
revitalizing force of anxiety. Ranging from political critique to
methodological issues and from the role of human rights in
development to the role of parables and analogy in legal reasoning,
the contributions themselves are testament to the richness of
BaA"kowski's scholarship, as well as to the applicability of his
core ideas to a wide range of issues. Divided into five parts, the
book focuses on the role and methods of the jurist; conceptions of
legality and the experience of living under rules; jurisprudential
issues affecting exchange and the market; and the burden and
methods of legal judgement. It also includes BaA"kowski's 2011
valedictory lecture and a bibliography of his work. Comprising all
original contributions, the contributors represent a balance of
established, leading figures and younger, emerging scholars in the
field of legal and social theory.
Bringing together established academics and new researchers, the
chapters in this collection interrogate the operation of 'the
public' in a range of different legal, illegal and alegal spaces.
The key question which frames the contributions is whether and in
what manner 'the public' operates as an interface between law and
society, allowing the interests and opinions of the population at
large to be represented and reflected in legal discourse, such that
collectively generated imperatives may be imposed upon political
and economic actors. Multi-disciplinary in its approach, the volume
reflects an understanding that there is more to the role of 'the
public' in relation to law than the conventional demarcation of the
field of 'public law' and that this relationship is open to comment
from a wide range of actors.
This book gathers together leading voices in virtue theory-an
increasingly influential aspect of legal theory in the 21st
century-to take stock of virtue jurisprudence's evolution and
suggest ways in which this approach can be further developed. The
contributions address the three main axes along which virtue
jurisprudence has unfolded in the past decades: the quest to
provide a suitable virtue-based foundation for the law (in general)
or for some aspects of it (in particular, but not exclusively,
criminal law); the investigation of the role played by character
traits in legal decision-making; and the investigation of how the
law can be part of a virtuous life. As will become apparent for
readers of this volume, those lines are converging and, as they do
so, a general virtue-based approach to the study of law is starting
to emerge. Crucial in addressing problems with legal experience for
which the resources of traditional legal theory are insufficient,
this book's investigation of virtue theory and virtue jurisprudence
will be of interest to all of those studying legal decision-making
and the philosophy of law, as well as those studying virtue ethics
more widely. It was originally published as a special issue of
Jurisprudence.
Public law has been conceived in many different ways, sometimes
overlapping, often conflicting. However in recent years a common
theme running through the discussions of public law is one of loss.
What function and future can public law have in this rapidly
transforming landscape, where globalized states and supranational
institutions have ever-increasing importance? The contributions to
this volume take stock of the idea, concepts, and values of public
law as it has developed alongside the growth of the modern state,
and assess its continued usefulness as a distinct area of legal
inquiry and normativity in light of various historical trends and
contemporary pressures affecting the global configuration of law in
general. Divided into three parts, the first provides a conceptual,
philosophical, and historical understanding of the nature of public
law, the nature of private law and the relationship between the
public, the private, and the concept of law. The second part
focuses on the domains, values, and functions of public law in
contemporary (state) legal practice, as seen, in part, through its
relationship with private domains, values, and functions. The final
part engages with the new legal scholarship on global
transformation, analysing the changes in public law at the national
level, including the new forms of interpenetration of public and
private in the market state, as well as exploring the ubiquitous
use of public law values and concepts beyond the state.
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