Lethe's Law: Justice, Law, and Ethics in Reconciliation
ISBN: 9781841131092 / Angielski / Twarda / 256 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book offers a series of essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past. Ranging from questions of criminal responsibility and amnesty to those of law's relation to time, memory, and the ethics of reconciliation, it is a sustained jurisprudential and philosophical analysis of one of the most important and pressing legal concerns of our time. Among its key concerns is that justice's demand on law has changed and, in the face of a divided and violent past, law is being called on to do the kind of work it ordinarily shuns....
This book offers a series of essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past. Rang...
|
|
cena:
495,61 zł |
A Theory of Precedent From Analytical Positivism to a Post-Analytical Philosophy of Law
ISBN: 9781841131238 / Angielski / Twarda / 288 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, and tests them against judicial experiences in the UK, US, France, Italy, Germany and Finland. The author suggests a redefinition of Lon Fuller's internal morality of law, and confronts fundamental questions about the normative nature of law. Is Kelsen's...
Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, o...
|
|
cena:
678,21 zł |
Evaluation and Legal Theory: Or How to Succeed in Jurisprudence Without Moral Evaluation
ISBN: 9781841131849 / Angielski / Twarda / 160 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. If Raz and Dworkin disagree over how law should be characterized, how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? This book tackles methodological or meta-theoretical issues such as these, and does so by answering the question: to what extent, and in what sense, must a legal theorist make value judgements about his...
If Raz and Dworkin disagree over how law should be characterized, how are we, their jurisprudential public, supposed to go about adjudicating between ...
|
|
cena:
417,35 zł |
Law as a Social Institution
ISBN: 9781841132310 / Angielski / Miękka / 144 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved understanding of law as a social and institutional phenomenon. The book draws upon Max Weber's sociological and juristic writings as a context in which to explore themes arising or selectively developed from a critical reassessment of key aspects of H.L.A. Hart's theory of law. The discussion initially centers around three problematical areas or -Gordian Knots- - essentially weaknesses in the analytical nucleus of The...
This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquir...
|
|
cena:
140,81 zł |
Principles of Social Order: Selected Essays of Lon L. Fuller
ISBN: 9781841132341 / Angielski / Miękka / 344 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Lon Fuller coined the term -eunomics- for -the study of good order and workable social arrangements.- The essays in this volume - representing most of the work of his mature years - are his -exercises in eunomics.- They are studies of the principal forms of legal order, including contract, adjudication, mediation, legislation, and administration. In addition, the volume includes several essays on legal education and the ethics of lawyering. Fuller thought of lawyers as -architects of social structure,- that is, creators and managers of the various forms of legal order. These responsibilities...
Lon Fuller coined the term -eunomics- for -the study of good order and workable social arrangements.- The essays in this volume - representing most of...
|
|
cena:
365,14 zł |
Reasoning with Law
ISBN: 9781841132440 / Angielski / Miękka / 202 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a...
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. ...
|
|
cena:
224,28 zł |
On Law and Legal Reasoning
ISBN: 9781841132754 / Angielski / Twarda / 240 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the...
This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and ...
|
|
cena:
495,61 zł |
Rethinking Law, Society and Governance: Foucault's Bequest
ISBN: 9781841132938 / Angielski / Twarda / 192 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This set of essays engages with some aspects of Foucault's notion of governmentality, particularly at the junction where law/regulation meets the social. The social, as a special sphere of government, is a special area of concern for those working within broad intellectual spaces of the governmentality approach. Is it the basis of modern liberal systems of government? Is it dead, or even feeling unwell? Has it spawned hybrid forms of government like neo-liberalism, neo-conservatism, or even neo-socialism? In making their presence felt in the debates that have flourished around such questions,...
This set of essays engages with some aspects of Foucault's notion of governmentality, particularly at the junction where law/regulation meets the soci...
|
|
cena:
626,03 zł |
Legisprudence: New Theoretical Approach to Legislation
ISBN: 9781841133423 / Angielski / Twarda / 160 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. The unifying idea behind the essays in this volume is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is on problems that are common to most European legal systems, and the approach involves applying to legislative problems the tools of legal theory (hence -legisprudence-). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator. Following...
The unifying idea behind the essays in this volume is that, although legislation and regulation are the result of a political process, legislation and...
|
|
cena:
678,21 zł |
Contemporary Issues of the Semiotics of Law: Cultural and Symbolic Analyses of Law and Global Context
ISBN: 9781841135465 / Angielski / Miękka / 286 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is, for some, ideology, and for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure that carries symbols of everyday life. The analyses that are made in the law and semiotics movements show that the law's symbolism cannot be understood by reference only to itself, a strictly 'legal' meaning. It is a symbol that conveys life, a symbol that in itself is contaminated with life, politics, morality and so on. Contemporary...
The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is, for some, ideology, and for others...
|
|
cena:
203,41 zł |
Living Law: Reconsidering Eugen Ehrlich
ISBN: 9781841138978 / Angielski / Twarda / 292 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognized, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by discussing both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. Living Law has been divided...
Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers'...
|
|
cena:
469,53 zł |
Rights and Law, Analysis and Theory
ISBN: 9781901362145 / Angielski / Twarda / 300 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. In recent years, rights have become a significant concern of legal theorists, as well as those involved in moral and political philosophy. This text seeks to advance the debates by developing the analysis of rights, and focusing upon more general theoretical considerations relating to rights.
In recent years, rights have become a significant concern of legal theorists, as well as those involved in moral and political philosophy. This text s...
|
|
cena:
782,54 zł |
Unspeakable Subjects: Feminist Essays in Legal and Social Theory
ISBN: 9781901362343 / Angielski / Miękka / 320 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This text presents a feminist critique of law based on an analysis of the ways in which the structure or method of modern law is gendered. All of the essays in the book engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law, public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as individual; the concepts of equality, freedom, justice and rights; and the legal...
This text presents a feminist critique of law based on an analysis of the ways in which the structure or method of modern law is gendered. All of the ...
|
|
cena:
286,88 zł |
Sword and Scales: An Examination of the Relationship between Law and Politics
ISBN: 9781901362510 / Angielski / Twarda / 256 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This work provides a provocative re-assessment of the various tangled relationships between law and politics, and in so doing, examines legal and political thinking on such areas as justice, the state, constitutionalism and rights. It introduces lawyers to certain important themes in some of the key texts of political thought (for example, Plato, Hobbes, Locke and Tocqueville) and introduces political scientists to the legal dimensions of a number of central themes of political studies. The book should be of interest to students and teachers in law and politics.
This work provides a provocative re-assessment of the various tangled relationships between law and politics, and in so doing, examines legal and poli...
|
|
cena:
469,53 zł |
Faith in Law
ISBN: 9781901362954 / Angielski / Twarda / 160 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. These essays explore, broadly speaking, two related issues: first, the extent to which we have confidence in law to deal with the range of social, political and moral issues which constantly confront us; second, the extent to which law makes room for perspectives which do not speak law's traditional language of logic, reason, certainty, and so forth. Faith in this context refers to that which is known or experienced in ways which are difficult to articulate or justify, but which are nonetheless real and undeniable to many individuals and groups. This idea of faith extends beyond the encounter...
These essays explore, broadly speaking, two related issues: first, the extent to which we have confidence in law to deal with the range of social, pol...
|
|
cena:
469,53 zł |
General Jurisprudence: Understanding Law from a Global Perspective
ISBN: 9780521505932 / Angielski / Twarda / 544 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other...
This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically revi...
|
|
cena:
362,15 zł |
General Jurisprudence: Understanding Law from a Global Perspective
ISBN: 9780521738095 / Angielski / Miękka / 544 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.
This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.
|
|
cena:
292,91 zł |
Individualism: An Essay on the Authority of the European Union
ISBN: 9780199542086 / Angielski / Twarda / 336 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europe would create a smokescreen obscuring a new and disturbing reality. Drawing on the ancient tradition of linking different types of political power with the composition of the citizen's soul, the book...
This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime tra...
|
|
cena:
673,52 zł |
Where Law and Morality Meet
ISBN: 9780199546138 / Angielski / Miękka / 320 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. How are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the modern analytic philosophy of law. In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be incorporated into a concept of law.
In Part One, Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and... How are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the m...
|
|
cena:
241,02 zł |
The Tapestry of the Law: Scotland, Legal Culture and Legal Theory
ISBN: 9780792343103 / Angielski / Twarda / 258 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to...
Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other...
|
|
cena:
388,20 zł |