Описание: Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.
Автор: Johnstone Ian, Ratner Steven Название: Talking International Law: Legal Argumentation Outside the Courtroom ISBN: 0197588433 ISBN-13(EAN): 9780197588437 Издательство: Oxford Academ Рейтинг: Цена: 11151.00 р. 13939.00-20% Наличие на складе: Есть (1 шт.) Описание: Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range ofissue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the feltneed to legitimate one's actions - or to delegitimate those of an adversary.
Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and seniorpractitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.
Автор: Golding P. Martin, Edmundson A. William, Kriesi Ha Название: Blackwell Guide to the Philosophy of Law and Legal Theory ISBN: 0631228322 ISBN-13(EAN): 9780631228325 Издательство: Wiley Рейтинг: Цена: 5219.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory creates a groundbreaking student resource in critical essays on the central themes and issues of the philosophy of law today. .
Автор: Kadelbach Stefan Название: System, Order, and International Law ISBN: 0198768583 ISBN-13(EAN): 9780198768586 Издательство: Oxford Academ Рейтинг: Цена: 18612.00 р. Наличие на складе: Поставка под заказ.
Описание: This volume maps models of early international legal thought from Machiavelli to Hegel
Автор: Allan C Hutchinson Название: Hart, Fuller, and Everything After: The Politics of Legal Theory ISBN: 1509965203 ISBN-13(EAN): 9781509965205 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
Автор: Matthias Goldmann; Silvia Steininger Название: Democracy and Financial Order: Legal Perspectives ISBN: 3662555670 ISBN-13(EAN): 9783662555675 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book discusses the relationship between democracy and the financial order from various legal perspectives.
Автор: Chartier Название: Anarchy and Legal Order ISBN: 1107661617 ISBN-13(EAN): 9781107661615 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book elaborates and defends the idea of law without the state. Animated by a vision of peaceful, voluntary cooperation as a social ideal and building on a careful account of non-aggression, it features a clear explanation of why the state is illegitimate, dangerous and unnecessary.
Progress was the byword of America's Gilded Age, a time of technological innovation, industrial growth, and overseas expansion. It was an era of emancipation for former slaves, settlement houses for immigrants, and colleges for women. Anti-saloon leagues called for the prohibition of alcohol, while citizens demanded labor regulations and food and drug laws. Confronted by all these forces of change, the Supreme Court appeared the bastion of conservatism in case after case as it defended the old moral and social order.
Progressive reformers of the time as well as historians of the twentieth century have depicted the era's nine justices as aging reactionaries or, worse, accused them of championing a laissez-faire, imperialistic reading of the U.S. Constitution. Now, in Guardians of the Moral Order, Mark Bailey rises to their defense. The conservatism of the Supreme Court from 1860 through 1910, he argues, reflects not a conversion to the gospel of wealth but a steadfast belief in the vision of man and society grounded in eighteenth-century Enlightenment ideas and nineteenth-century moral science. As college students, the justices learned these values through the philosophy courses central to the antebellum curriculum. As judges, their understanding of the law as a branch of moral science influenced their rulings on a wide array of social, political, and economic issues.
Taking the approach of an intellectual historian, Bailey examines the college education and legal training that these justices received. He then looks at their speeches and writings, both on and off the bench, to discover their views on such topics as the definition of private property, racial equality, and the rights of peoples in America's newly acquired territories. An unflagging faith in a divinely ordained natural order, he concludes, provided these men with their model for the social and moral order.
The worldview cherished by these men was shared by many Americans educated in antebellum schools, colleges, and law offices. Theirs was not a reactionary conservatism rabidly opposed to change but a deeply ingrained belief in immutable moral truths upon which civilization itself depended. If we are to understand the Gilded Age, as Bailey so convincingly demonstrates, we must acknowledge that ideas matter.
Автор: Srinivas Burra; R. Rajesh Babu Название: Locating India in the Contemporary International Legal Order ISBN: 8132235789 ISBN-13(EAN): 9788132235781 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India’s role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India’s drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.
Автор: Quinney, Richard Shelden, Randall G. Название: Critique of the legal order ISBN: 1138521582 ISBN-13(EAN): 9781138521582 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A critical look at the legal order in capitalist society. Using a traditional Marxist perspective, Richard Quinney argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class.
Автор: Fr?ndberg Название: The Legal Order ISBN: 3319788574 ISBN-13(EAN): 9783319788579 Издательство: Springer Рейтинг: Цена: 11878.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer?s philosophy of law.
Автор: Quinney Название: Critique of the Legal Order ISBN: 0765807971 ISBN-13(EAN): 9780765807977 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A critical look at the legal order in capitalist society. Using a traditional Marxist perspective, Richard Quinney argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class.
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