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This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen's legal positivism and Weber's sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.
First published in 1997, Interrogation and Confession has two important concerns. The first is with the structures and strategies that have evolved within the criminal justice system not only to entrench the confession as key item of prosecution evidence but also to legitimate the custodial interrogation of suspects by law enforcement personnel. The second major concern is with kinds of police-suspect encounter that appear in official accounts of custodial interrogation. Based upon a systematic analysis of prosecution papers associated with over 650 Crown Court cases, the author provides vivid and challenging insights into the nature of police-suspect relations and closely examines: the extent to which evidence is constructed (rather than elicited); how far formal rules impact upon the character and form of police-suspect relations during interrogation; the circumstances in which suspects elect or decline to cooperate with the police; and the extent to which records of custodial interrogation can be said to be complete, accurate and reliable.
First published in 1997, Interrogation and Confession has two important concerns. The first is with the structures and strategies that have evolved within the criminal justice system not only to entrench the confession as key item of prosecution evidence but also to legitimate the custodial interrogation of suspects by law enforcement personnel. The second major concern is with kinds of police-suspect encounter that appear in official accounts of custodial interrogation. Based upon a systematic analysis of prosecution papers associated with over 650 Crown Court cases, the author provides vivid and challenging insights into the nature of police-suspect relations and closely examines: the extent to which evidence is constructed (rather than elicited); how far formal rules impact upon the character and form of police-suspect relations during interrogation; the circumstances in which suspects elect or decline to cooperate with the police; and the extent to which records of custodial interrogation can be said to be complete, accurate and reliable.
This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen's legal positivism and Weber's sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen's legal positivism and Weber's sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen's legal positivism and Weber's sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.
Ian was more than a little apprehensive when his turn came to kiss the Blarney Stone. Not only had they just met, but it seemed this stone wasn't at all fussy as to who it allowed to kiss it. Kissing the Blarney Stone is Ireland's third most popular tourist attraction, so as well as the moral implications there were the hygienic implications too. Yet kissing the Blarney Stone is reputed to bestow upon you the Irish gift of the gab, a talent Ian would need if he was to seduce the Sisters of Murphy's; assuming he ever finds them. This was just the first obstacle Ian had to cross during his two-month journey around the Emerald Isle. With just a backpack as a home, a guidebook in one hand, a bizarre travelogue in the other and very little money in his bank account, he leaves his home and sets off to this little country that has always been his neighbour, yet overlooked by him for many years as he pursued dreams to travel to far and exotic countries. But to Ian's surprise he was to find that he didn't need to travel thousands of miles across the world to discover something new and exciting. As he busses, hitches and walks his way from Cork to Donegal via the West Coast Ian discovers the wonderful spirit and friendliness of the Irish people. During this time he conceives a plan to be a real backpacker for a day by hiking from one town to another with the full weight of his backpack, but finds things aren't as straightforward as they might have seemed. Although travelling alone, he is rarely on his own as he meets up with various interesting and amusing characters along the way, until finally reaching the quiet and unspoilt shores of northern Donegal. Here he must cross a tumultuous ocean on a small boat in order to meet the King of Ireland, on the barren and windswept Tory Island.
What if you could build your business faster, gain regular media exposure, dramatically increase profits and sustain long term business relationships by uplifting and befriending the communities which make your business possible? Ian Bryan teaches city-based professionals how to break free from the expensive, unpredictable and insensitive marketing ecosystem which dominates business today. "Community-Oriented Marketing" is what Bryan calls "enlightened business development" because it branches out and empowers everyone involved. Rather than bombarding the population with advertisements, community-oriented marketers roll up their sleeves and get involved. They establish their brand by making values-based introductions and focusing on attraction rather than promotion. The result? A brilliant, profitable, socially responsible method of business development that generates outstanding results at one quarter the cost of traditional marketing.
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