Jurisprudence

Rudolf von Jhering (1818-1892) was one of the leading Roman lawyers in nineteenth century Germany and famously developed a sophisticated methodology for the "Begriffsjurisprudenz" (conceptual jurisprudence) of his time. At mid-career, however, he turned...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9789500392150Author Cesare BeccariaFormat PaperbackImprint LosadaPublisher Losada

Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a...

This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the...

Lawyer, judge, public figure, historian, theologian, and amateur natural philosopher, Sir Matthew Hale worked and wrote in the middle decades of the seventeenth century, perhaps the most turbulent period of English political history. His reflections on...

Brain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially...

This book discusses the various judicial procedures available for remedying wrongs, whether against the state or the individual, in ancient Athens. It begins by identifying and describing the specific functions of the different judicial organs provided...

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal...

Patrick Atiyah is one of the most important legal scholars of his generation in the common-law world. His publications cover a wide field: legal theory, legal history, the study of legal institutions, the law of tort (especially compensation for personal...

Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its...

This book sets forth a novel theory of distributive justice premised on the fundamental moral equality of persons.ReviewsA provocative, well-argued, elegantly written book that will root out any complacency that a reader might have had about these...

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you...

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social,...

Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of...

In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers...

We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and...

Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this...

The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how...

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many...

Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying...

The reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of...

Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also...

Law and Aesthetics draws on the work of poets as well as philosophers. Taking as its starting point Shelleys assertion that poets are unacknowledged legislators,the book suggests that there is a way of thinking that, as yet, has not been taken up by...

This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and...

This book examines the role of trust in public life. It seeks to contribute to a more nuanced understanding of certain fundamental concepts in political and legal theory, such as the concepts of authority, power, social practice, the rule of law, and...

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and...

This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher. The debate represents the German development of an enduring jurisprudential controversy over the concept and...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9783161638817Author Phillip HellwegeFormat PaperbackPage Count 540Imprint Mohr SiebeckPublisher Mohr SiebeckWeight(grams) 802g

Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.Costas Douzinas...

This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts.In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of...

This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus...

The Supreme Court's October 2023 Term was filled with blockbuster decisions that will have a dramatic effect on the law and on people's lives. The Court created broad immunity from criminal prosecution for official acts taken by a president, dramatically...

In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges...

This book provides a critical assessment of how judges reason in the adjudication of historical injustices.The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past...

Long regarded by US legal scholars as uninteresting, private law theory has received renewed attention in the United States and around the world. Yet, even amid this scholarly revival, private law is still too often reduced to the more traditional...

This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally...

This book examines how, in response to crises, law tends to construct singular 'events' that obscure the underlying structural causes that any adequate response needs to acknowledge and address. Litigation is the main legal process that constructs events...

Over ten million people are incarcerated throughout the world, even though punishment theorists have struggled for centuries to morally justify the practice. Theorists usually address criminal justice under abstract, idealized conditions that assume away...

Hussain analyses the uses and the history of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. His study focuses on British colonialism in India from the late eighteenth to the early twentieth century...

On Trial is an exegesis on legal reason, moral judgment, political life, and the events that give them meaning. Beginning with the serpent in the Garden of Eden and ending with O. J. Simpson, esteemed thinker George Anastaplo offers students, scholars,...