Kategoria BISAC: Law >> Reference

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Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18^th and 19^th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political elites. Such a communicative orientation of...

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis...

In this book the practical dimension of social justice is explained using the analysis and discussion of a variety of well-known topics. These include: the relation between theory and practice in normative political philosophy; the issue of justice under uncertainty; the question of whether we can and should unmask social injustices by means of conspiracy theories; the issues of privacy and the right to privacy; the issue of how certain psychological states may affect our moral obligations, in particular the obligation to treat others fairly; and finally the concepts of morality, fairness,...

This book examines the conception of the person at work in John Rawls's writings from Theory of Justice to Justice as Fairness: A Restatement. The book aims to show that objections to Rawls's political conception of the person fail and that a Rawlsian conception of political identity is defensible. The book shows that the debate between liberals and communitarians is relevant to the current debate regarding perfectionism and neutrality in politics, and clarifies the debate between Rawls and communitarians in a way that will promote fruitful discussion on the issue of...

This volume explores the opportunities and challenges facing the accounting profession in an increasingly globalized business and financial reporting environment. It looks back at past experiences of the profession in attempting to meet its public interest obligation. It examines the role and responsibilities of accounting to society including regulatory requirements, increased emphasis on corporate social responsibility, accounting fraud and whistle-blowing implications, internationalization of public interest obligations, and providing the education needed to be successful. The book...

The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential...

The present volume assembles a relevant set of studies of argument by analogy, which address this topic in a systematic fashion, either from an essentially theoretical perspective or from the perspective of it being applied to different fields like politics, linguistics, literature, law, medicine, science in general and philosophy. All result from original research conducted by their authors for this publication. Thus, broadly speaking, this is an exception which we find worthy of occupying a special place in the sphere of the bibliography on the argument by analogy. In effect, most of the...