Filter
(found 531 products)
Book cover image
For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated ...
Legal Education at the Crossroads: Education and the Legal Profession
For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.
https://magrudy-assets.storage.googleapis.com/9780367139186.jpg
52.450000 USD

Legal Education at the Crossroads: Education and the Legal Profession

Paperback / softback
Book cover image
The adoption of the Sustainable Development Goals (SDGs) by the UN General Assembly in 2015 represents the latest attempt by the international community to live up to the challenges of a planet that is out of control. Sustainable Development Goal 11 envisages inclusive, safe, resilient and sustainable cities around the ...
The Globalisation of Urban Governance
The adoption of the Sustainable Development Goals (SDGs) by the UN General Assembly in 2015 represents the latest attempt by the international community to live up to the challenges of a planet that is out of control. Sustainable Development Goal 11 envisages inclusive, safe, resilient and sustainable cities around the world by the year 2030. This globally agreed vision is part of a trend in international policy toward good urban governance, and now awaits implementation. Fourteen original contributions collectively examine how this global vision has been developed on a conceptual level, how it plays out in various areas of (global) urban governance and how it is implemented in varying local contexts. The overarching hypothesis presented herein is that SDG 11 proves that local governance is recognised as an autonomous yet interrelated part of the global pursuit of sustainable development. The volume analyses three core questions: How have the normative ideals set forth in SDG 11 been developed? What are the meanings of the four sub-goals of SDG 11 and how do these relate to each other? What does SDG 11 imply for urban law and governance in the domestic context and how are local processes of urban governance internationalised? The Globalisation of Urban Governance makes an important scholarly contribution by linking the narrative on globalisation of good urban governance in various social sciences with legal discourse. It considers global governance and connects the existing debate about cities and their place in global governance with some of the most pertinent questions that lawyers face today.
https://magrudy-assets.storage.googleapis.com/9781138485495.jpg
152.250000 USD

The Globalisation of Urban Governance

Hardback
Book cover image
This book offers a comprehensive assessment of the successes and failures in China's current legal system construction. It systematically and comprehensively examines the development of China's rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and ...
Building a Government Based on the Rule of Law: History and Development
This book offers a comprehensive assessment of the successes and failures in China's current legal system construction. It systematically and comprehensively examines the development of China's rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China's construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China's administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.
https://magrudy-assets.storage.googleapis.com/9789811309977.jpg
157.490000 USD

Building a Government Based on the Rule of Law: History and Development

by Jingbo Wang, Huaide Ma
Hardback
Book cover image
This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the ...
The Armenian Massacres of 1915-1916 a Hundred Years Later: Open Questions and Tentative Answers in International Law
This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.
https://magrudy-assets.storage.googleapis.com/9783319781686.jpg
166.950000 USD

The Armenian Massacres of 1915-1916 a Hundred Years Later: Open Questions and Tentative Answers in International Law

Hardback
Book cover image
This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, ...
Normative Readings of the Belt and Road Initiative: Road to New Paradigms
This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, including culture and philosophy, finance and investment, environmental protection and social responsibility, judiciary and lawyers, the authors explore a wide range of contexts in which China's role as an emerging power in international relations and international law is examined. In the current era of ever-increasing populism, protectionism and challenges to globalization, the authors explore the Chinese philosophy underpinning Chinese norms of regional and international development. Bearing in mind the political and economic uncertainties hampering the establishment of such norms, the authors offer crucial insights into how the Silk Road Initiative could or should be developed and regulated.Given its depth of coverage, the book is an indispensable read for anyone interested in the Initiative and its social-legal implications.
https://magrudy-assets.storage.googleapis.com/9783319780177.jpg
135.450000 USD

Normative Readings of the Belt and Road Initiative: Road to New Paradigms

Hardback
Book cover image
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a ...
Ratio Legis: Philosophical and Theoretical Perspectives
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself - in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
https://magrudy-assets.storage.googleapis.com/9783319742700.jpg
135.450000 USD

Ratio Legis: Philosophical and Theoretical Perspectives

Hardback
Book cover image
So you've arrived at university, you've read the course handbook and you're ready to learn the law. But is knowing the law enough to get you the very best marks? And what do your lecturers mean when they say you need to develop critical and analytical skills? When is it ...
Thinking Critically About Law: A Student's Guide
So you've arrived at university, you've read the course handbook and you're ready to learn the law. But is knowing the law enough to get you the very best marks? And what do your lecturers mean when they say you need to develop critical and analytical skills? When is it right to put your own views forward? What are examiners looking for when they give feedback to say that your work is too descriptive? This book explores what it means to think critically and offers practical tips and advice for students to develop the process, skill and ability of thinking critically while studying law. The book investigates the big questions such as: What is law? and What is `thinking critically'? How can I use critical thinking to get better grades in assessments? What is the role of critical thinking in the work place? These questions and more are explored in Thinking Critically About Law. Whether you have limited prior experience of critical thinking or are looking to improve your performance in assessments, this book is the ideal tool to help you enhance your capacity to question, challenge, reflect and problematize what you learn about the law throughout your studies and beyond.
https://magrudy-assets.storage.googleapis.com/9781138125377.jpg
44.050000 USD

Thinking Critically About Law: A Student's Guide

by A. R. Codling
Paperback / softback
Book cover image
Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method, Skills and Reasoning suggests a range of 'how-to' techniques for perfecting these academic and practical skills. It explains how to work with legal texts; how to read and write ...
Legal Method, Skills and Reasoning
Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method, Skills and Reasoning suggests a range of 'how-to' techniques for perfecting these academic and practical skills. It explains how to work with legal texts; how to read and write about the law; how to acquire effective disciplined study techniques; and how to construct legal arguments. Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this edition will be invaluable to law students seeking to acquire a deeper understanding of how to apply each discreet legal skill effectively. This restructured third edition is now additionally supported by a Companion Website offering a wealth of additional resources for individual and group work for both students and lecturers. For students, the Companion Website offers: * workbooks for each part, containing guided practical and reflective tasks * a series of 'how-to' exercises, which help to provide real-life legal skills examples and practice * guidance on answering legal problem and essay-style questions * self-test quizzes to consolidate learning for each individual legal skill. For lecturers, the Companion Website hosts: * a set of PowerPoint slides of the diagrams in the text * specimen seminar plans, with supplementary notes to provide support and inspiration for teaching legal skills * sample legal skills assessment, and accompanying answers.
https://magrudy-assets.storage.googleapis.com/9780415458511.jpg
51.18 USD

Legal Method, Skills and Reasoning

by Sharon Hanson
Paperback / softback
Book cover image
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new ...
Global Constitutionalism: A Socio-legal Perspective
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global constitutional culture instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
https://magrudy-assets.storage.googleapis.com/9783662556467.jpg
146.990000 USD

Global Constitutionalism: A Socio-legal Perspective

by Aydin Atilgan
Hardback
Book cover image
In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations. It: includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, ...
International Law and Diplomacy
In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations. It: includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, Rapporteur and Uti Possidetis Juris) clearly relates the conduct of diplomacy to the principles of international law. New in paperback, this volume will appeal to graduate and undergraduate students studying diplomacy, public administration and international relations courses as well as practising diplomats, international organization and foreign ministry officials and those who have regular dealings with them.
https://magrudy-assets.storage.googleapis.com/9781857435863.jpg
73.450000 USD

International Law and Diplomacy

by Charles Chatterjee
Paperback / softback
Book cover image
This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud ...
New Technology, Big Data and the Law
This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.
https://magrudy-assets.storage.googleapis.com/9789811050374.jpg
178.490000 USD

New Technology, Big Data and the Law

Hardback
Book cover image
This book uses the structure of Machiavelli's The Prince to show how governance has changed over the last 500 years. If Machiavelli focuses on power concentrated in the hands of the republic or principalities, The Oligarch looks at how states and companies today function as oligarchies. Rather than dealing with ...
The Oligarch: Rewriting Machiavelli's The Prince for Our Time
This book uses the structure of Machiavelli's The Prince to show how governance has changed over the last 500 years. If Machiavelli focuses on power concentrated in the hands of the republic or principalities, The Oligarch looks at how states and companies today function as oligarchies. Rather than dealing with the form of government, it addresses the operations and networks of governance for both states and corporations as a single set of common processes. The author links politics, ecology and literature, by using the literary device of appropriation to raise awareness of ecology and the overreach of powerful people, offering both wielders and critics of power a common ground based on how people in power actually conduct themselves.
https://magrudy-assets.storage.googleapis.com/9783319621685.jpg
36.740000 USD

The Oligarch: Rewriting Machiavelli's The Prince for Our Time

by James Sherry
Paperback / softback
Book cover image
The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and ...
Conflict of Laws: a Comparative Approach: Text and Cases
The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply. Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this innovative casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared. The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences. The goal is to train lawyers who not only will know the law of their own jurisdiction, but also will have an understanding of the key differences existing between the main models, and will thus be able to interact usefully with clients from other jurisdictions. This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English. Key features of the casebook: * written by a leading authority in the field * carefully selected extracts from primary and secondary sources build a clear picture of the field * expert analytical commentary and questions set the extracts in context * US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments * numerous references to Chinese and Japanese solutions * leads students through the field from beginning to end * perfectly pitched for international students and courses with a global outlook.
https://magrudy-assets.storage.googleapis.com/9781785365959.jpg
68.25 USD

Conflict of Laws: a Comparative Approach: Text and Cases

by Gilles Cuniberti
Paperback / softback
Book cover image
Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, ...
Character, Liberty and Law: Kantian Essays in Theory and Practice
Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, and repentance. He also explores the general issue of theory and practice and discusses a variety of topics in applied ethics - e.g., freedom of artistic expression, the morality of gambling, and the value of forgiveness in psychological counseling. As always, his perspective may be described as Kantian; and, indeed, this collection contains the first extended piece of Kant scholarship that he has done in years: a long essay on Kant on theory and practice.
https://magrudy-assets.storage.googleapis.com/9780792352754.jpg
178.490000 USD

Character, Liberty and Law: Kantian Essays in Theory and Practice

by J.G. Murphy
Hardback
Book cover image
Unlike the preceding volumes in this series, Law Reporting in Britain has a single, clear theme: the history and development of law reporting in Britain, from the earliest English reports of the second half of the 13th century to the beginnings of the reporting of planning decisions in the 20th ...
Law Reporting in Britain
Unlike the preceding volumes in this series, Law Reporting in Britain has a single, clear theme: the history and development of law reporting in Britain, from the earliest English reports of the second half of the 13th century to the beginnings of the reporting of planning decisions in the 20th century. Law reports are one of the main sources from which legal history is written. They record what lawyers and judges said in court in legal argument arising out of the facts of particular caes and how the judges decided the outcome of those cases. They thus provide vital evidence for what the lawyers and judges of the past believed to be the law of their day. They also demonstrate the ability of those lawyers and judges to shape and develop law through argument and decision-making in individual cases.
https://magrudy-assets.storage.googleapis.com/9781852851293.jpg
126.000000 USD

Law Reporting in Britain

Hardback
Book cover image
Foreign Investment in Chile: The Legal Framework for Business, the Foreign Investment Regime in Chile, Environmental System in Chile, Documents
https://magrudy-assets.storage.googleapis.com/9780792333593.jpg
267.750000 USD

Foreign Investment in Chile: The Legal Framework for Business, the Foreign Investment Regime in Chile, Environmental System in Chile, Documents

by Luis Montt, Roberto Mayorga
Hardback
Book cover image
Originally published in 1922, this book examines legal statutes and their interpretation in English courts during the reigns of Edward I, Edward II and Edward III. Distinguished legal historian Theodore Plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances, outright refusal by the courts to enforce ...
Statutes and their Interpretation in the First Half of the Fourteenth Century
Originally published in 1922, this book examines legal statutes and their interpretation in English courts during the reigns of Edward I, Edward II and Edward III. Distinguished legal historian Theodore Plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances, outright refusal by the courts to enforce certain statutes, and how these errors in enforcement changed the role of the government in lawmaking and legal practice. This book will be of value to anyone with an interest in British legal history.
https://magrudy-assets.storage.googleapis.com/9781107653122.jpg
36.740000 USD

Statutes and their Interpretation in the First Half of the Fourteenth Century

by Theodore F T Plucknett
Paperback / softback
Book cover image
First published in 1925, and originally delivered as the Sandars Lectures in Bibliography for 1922--3, this book not only examines the history of the Year Book and its role in English law, but also provides practical suggestions for students of palaeography. Bolland supplies appendices at the end of the book ...
A Manual of Year Book Studies
First published in 1925, and originally delivered as the Sandars Lectures in Bibliography for 1922--3, this book not only examines the history of the Year Book and its role in English law, but also provides practical suggestions for students of palaeography. Bolland supplies appendices at the end of the book with facsimiles of yearbook entries with a transliteration and translation of each. This book will be of value to anyone with an interest in British legal history or palaeography.
https://magrudy-assets.storage.googleapis.com/9781107635159.jpg
36.740000 USD

A Manual of Year Book Studies

by William Craddock Bolland
Paperback / softback
Book cover image
Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains ...
Eduard Gans and the Hegelian Philosophy of Law
Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis- cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes- sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations.
https://magrudy-assets.storage.googleapis.com/9780792332701.jpg
167.990000 USD

Eduard Gans and the Hegelian Philosophy of Law

by Michael H. Hoffheimer
Hardback
Book cover image
This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob- lematic is the question indicated by the title: What is the nature of discovery in legal decision-making? In the final ...
`Discovery' in Legal Decision-Making
This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob- lematic is the question indicated by the title: What is the nature of discovery in legal decision-making? In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam- ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
https://magrudy-assets.storage.googleapis.com/9780792339816.jpg
188.990000 USD

`Discovery' in Legal Decision-Making

by B. Anderson
Hardback
Book cover image
Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to beby Enrico Pattaro This work brings out and recovers the normative dimension of law, called the reality that ought to be , placing within this reality the idea of what is right. Part I reconstructs ...
A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right
Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to beby Enrico Pattaro This work brings out and recovers the normative dimension of law, called the reality that ought to be , placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. A Treatise of Legal Philosophy and General Jurisprudence is 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 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 will be published in 2011 and volume 12 forthcoming in 2012), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.
https://magrudy-assets.storage.googleapis.com/9781402064708.jpg
125.990000 USD

A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right

Paperback / softback
Book cover image
The idea of human dignity is central to any reflection on the nature of human worth. However, the idea is a complex one that also takes on many different forms. This unique collection explores the idea of human dignity as it arises within these many different domains, opening up the ...
Perspectives on Human Dignity: A Conversation
The idea of human dignity is central to any reflection on the nature of human worth. However, the idea is a complex one that also takes on many different forms. This unique collection explores the idea of human dignity as it arises within these many different domains, opening up the possibility of a multidisciplinary conversation that illuminates the concept itself. The book includes essays by leading Australian and International figures.
https://magrudy-assets.storage.googleapis.com/9781402062803.jpg
157.490000 USD

Perspectives on Human Dignity: A Conversation

Hardback
Book cover image
A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political ...
Coercion and the State
A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
https://magrudy-assets.storage.googleapis.com/9781402068782.jpg
178.490000 USD

Coercion and the State

Hardback
Book cover image
An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each ...
An Approach to Rights: Studies in the Philosophy of Law and Morals
An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
https://magrudy-assets.storage.googleapis.com/9780792344674.jpg
209.990000 USD

An Approach to Rights: Studies in the Philosophy of Law and Morals

by Carl Wellman
Hardback
Book cover image
A collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law - in five parts 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.
New Waves in Philosophy of Law
A collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law - in five parts 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.
https://magrudy-assets.storage.googleapis.com/9780230276604.jpg
83.990000 USD

New Waves in Philosophy of Law

Paperback / softback
Book cover image
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a rational justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two ...
On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a rational justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida's deconstruction and Jurgen Habermas's proceduralism, the author confronts Robert Alexy's defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
https://magrudy-assets.storage.googleapis.com/9783642114335.jpg
209.990000 USD

On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism

by Juliano Zaiden Benvindo
Hardback
Book cover image
Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is ...
Legal Institutions
Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
https://magrudy-assets.storage.googleapis.com/9781402001864.jpg
178.490000 USD

Legal Institutions

by Dick W.P. Ruiter
Hardback
Book cover image
Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, ...
Reasoning with Rules and Precedents: A Computational Model of Legal Analysis
Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, problem-solving expertise depends on integrating both. This book presents a computational framework for the integration of rules and cases for analytic tasks typified by legal analysis. The book uses the framework for integrating cases and rules as a basis for a new model of legal precedents. This model explains how the theory under which a case is decided controls the case's precedential effect. The framework for integrating rules and cases is implemented in GREBE, a system for legal analysis. The book presents techniques for representing, indexing, and comparing complex cases and for converting justification structures based on rules and case into natural-language text. This book will interest researchers in artificial intelligence, particularly those involved in case-based reasoning, artificial intelligence and law, and formal models of argumentation, and to scholars in legal philosophy, jurisprudence, and analogical reasoning.
https://magrudy-assets.storage.googleapis.com/9780792361053.jpg
157.490000 USD

Reasoning with Rules and Precedents: A Computational Model of Legal Analysis

by L. Karl Branting
Hardback
Book cover image
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have ...
The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
https://magrudy-assets.storage.googleapis.com/9780792371014.jpg
146.990000 USD

The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition

by William E. Conklin
Hardback
Book cover image
This book addresses the problem of justifying the institution of criminal punishment. It examines the paradox of retribution : the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate ...
Honor and Revenge: A Theory of Punishment
This book addresses the problem of justifying the institution of criminal punishment. It examines the paradox of retribution : the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new abolitionist movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
https://magrudy-assets.storage.googleapis.com/9789401784757.jpg
157.490000 USD

Honor and Revenge: A Theory of Punishment

by Whitley R. P. Kaufman
Paperback / softback
Page 1 of 18