Methods, theory and philosophy of law Books
Taylor & Francis Ltd Legitimacy Legal Development and Change Law and Modernization Reconsidered
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£137.75
Taylor & Francis Ltd State Secretaries of State
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£137.75
Taylor & Francis Ltd Integrity Systems for Occupations Law Ethics and Governance
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Taylor & Francis Ltd Biotechnological Inventions
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Taylor & Francis The Export of Legal Education Its Promise and Impact in Transition Countries
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Taylor & Francis Ltd Holy Writ
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Taylor & Francis Ltd Constitutional Paradigms and the Stability of States
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Taylor & Francis Ltd Cultural Difference on Trial The Nature and Limits of Judicial Understanding Applied Legal Philosophy
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£97.50
Taylor & Francis Adriana Cavarero Resistance and the Voice of Law Nomikoi Critical Legal Thinkers
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Taylor & Francis The Rule of Unwritten International Law
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£128.25
Taylor & Francis Mind Language and Morality
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Taylor & Francis Legal Education in the Global Context
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Taylor & Francis Ltd International Law and the Relationality of States
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative.The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the
£118.75
Taylor & Francis Legal Ethics for Lawyers
Book SynopsisThis book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyersâ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyersâ duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit l
£19.99
Taylor & Francis Justifying Violent Protest
Book SynopsisThis book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as legitimacy claims, or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue â with expressive and instrumental value in denouncing unjust laws â and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other grou
£37.99
Taylor & Francis What Kind of Death
Book SynopsisMany books have been published about physician-assisted death. This book offers a comprehensive and in-depth examination of that subject, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death. In every jurisdiction that has laws permitting some kind of physician-assisted death, a central point of controversy is whether such assistance should only be available to dying patients, or to everyone who wants to end his life. The right to determine the manner and time of oneâs own death, however, does not necessarily mean that physicians should be permitted to cooperate in ensuring a quick and peaceful death. In this book, Govert den Hartogh considers the fundamental and practical matters â including concrete issues of legal regulation â related to end-of life decision making. He proposes a two-tiered system. Everyone should have access to humane means of ending his life, if his decision to end it iTable of ContentsChapter 1. IntroductionPart I: SuicideChapter 2. Determining the manner and time of your own deathChapter 3. The invisibility of rational suicideChapter 4. Which actions should we count as suicides?Chapter 5. What is implied by the right to suicide?Part II: Palliative care and palliative sedationChapter 6. Suffering and dying well: on the proper aim of palliative careChapter 7. Continuous deep sedation and homicideChapter 8. Sedation until death: indicationsPart III: EuthanasiaChapter 9. Euthanasia and the right to self-determinationChapter 10. Ending lives with and without requestChapter 11. The risks of legalizationChapter 12. The Dutch and Belgian euthanasia laws: Potemkin villages?Part IV: Hard casesChapter 13. Mental illnessChapter 14. Death wishes of the elderlyChapter 15. The authority of advance directivesChapter 16. Designing a regulatory system
£118.75
Taylor & Francis Ltd The Routledge Handbook of Philosophy of Responsibility
Book SynopsisThe philosophical inquiry of responsibility is a major and fast-growing field. It not only features questions around free will and moral agency but also addresses various challenges in the social, institutional, and legal contexts in which people are being held responsible.The Routledge Handbook of Philosophy of Responsibility is an outstanding survey and exploration of these issues. Comprised of forty-one chapters by an international team of contributors, the Handbook is divided into three clear parts on the history, the theory, and the practice of responsibility within which the following key topics are examined: responsibility and wrongdoing responsibility and determinism the scope of responsibility the responsibility of individuals within society the concepts of responsibility the conditions and challenges of responsibility the practices of being and holding responsible the ethics and polTable of ContentsIntroduction Maximilian Kiener Part 1: The History of Responsibility Section 1: Responsibility and Wrongdoing 1. Plato on Vice Marcel van Ackeren 2. Hegel on Guilt Mark Alznauer Section 2: Responsibility and Determinism 3. The Stoics: What Kind of Responsibility is Compatible with Divine Providence? Rachana Kamtekar 4. Hobbes Against Bramhall: Moral Responsibility, Free Will, and Mechanistic Determination Thomas Pink 5. Hume on Free Will and Moral Responsibility Peter Millican 6. Sidgwick on Free Will and Ethics Anthony Skelton Section 3: The Scope of Responsibility 7. Aristotle on Legal and Moral Responsibility: Interpretation and Reform Terence Irwin 8. Kant on Absolute Responsibility and Transcendental Freedom David Sussman Section 4: Individuals and Society 9. Responsibility in Confucian Thought David Wong 10. Aquinas on Holding Others to Blame Jeffrey Hause Part 2: The Theory of Responsibility Section 5: The Concepts of Responsibility 11. Responsibility and Agency Maria Alvarez 12. Responsibility and Causation Alex Kaiserman 13. Responsibility and The Deep Self Monika Betzler 14. Responsibility and Emotion Andreas Carlsson 15. Varieties of Answerability Maximilian Kiener Section 6: The Conditions and Challenges of Responsibility 16. The Consequences of Incompatibilism Patrick Todd 17. Free Will and The Case for Compatibilism Carolina Sartorio 18. Deliberation and the Possibility of Skepticism Simon-Pierre Chevarie-Cossette 19. Responsibility and Manipulation Massimo Renzo 20. Responsibility and Coercion Carla Bagnoli 21. Ignorance and the Epistemic Condition Daniel Miller 22. Moral Competence and Mental Disorder Lubomira Radoilska 23. Excuse, Capacity and Convention David Owens Part 3: The Practice of Responsibility Section 7: Being and Holding Responsible 24. Blaming Leonhard Menges 25. Communicating Praise Daniel Telech 26. The Standing to Blame Matt King 27. Apology and Forgiveness Andrea Westlund 28. Taking Responsibility Elinor Mason 29. Responsibility Without Blame Bruce Waller 30. Holding Responsible in the African Tradition: Reconciliation Applied to Punishment, Compensation, and Trials Thaddeus Metz Section 8: The Ethics and Politics of Responsibility 31. Artificial Intelligence and the Imperative of Responsibility: Reconceiving AI Governance as Social Care Shannon Vallor and Bhargavi Ganesh 32. Moral Responsibility for Historical Injustice Michael Schefczyk 33. Corporate Digital Responsibility Alexander Filipović 34. Reckless Complicity: International Banks and Future Climate Henry Shue 35. Responsibility and Gender Paula Casal Section 9: Responsibility in the Law 36. Legal and Moral Responsibility Peter Cane 37. The Voluntary Act Requirement in Criminal Law John Hyman 38. Strict Liability and Strict Responsibility Antony Duff 39. Responsibility and Pre-Trial Detention Kim Ferzan 40. Responsibility for Others Jenny Steele 41. Legitimate Divergence Between Moral and Criminal Blame Alexander Sarch. Index
£204.25
Taylor & Francis Democracy Religion and Commerce
Book SynopsisThis collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, âœfree market religionâ has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion, and the marke
£37.99
Taylor & Francis Ltd Total Lawfare
Book SynopsisThis book advocates for a novel doctrine of âtotal lawfareâ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of âlimited lawfareâ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATOâs limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of âunrestricted lawfareâ. Against this, the book grounds an ethical doctrine of âtotal lawfareâ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian âNew Defenseâ industry centered upon âtotal lawfareâ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.
£46.54
Taylor & Francis The Ethics and Economics of Liberal Democracies
Book SynopsisRarely in the short history of liberal-democratic government has a primer on basic liberal-democratic values and institutions been more needed than now. Popular discontent, even anger, with democratic governments has grown steadily over the past twenty years. Not since the 1930s have citizens and their elected officials been so baffled about their respective roles in the maintenance of both democratic governments and liberal economies. This book attempts to address this growing need. Especially written as a primer for courses in Philosophy, Politics and Economics (PPE), it has introductory chapters on all three main disciplines. It also has chapters on the rule of law and on three important public-policy areas Corruption, Climate and Civil Society. Individual topics discussed include free and fair elections, populism, responsible government, republican and Westminster systems of government, regulated free markets, the Great Recession of 2008, globalization, greenwashin
£36.99
Taylor & Francis Political Disinformation and the Law
Book SynopsisPolitical disinformation, broadly understood as disinformation relating to matters of public interest, presents a pervasive challenge in todayâs information landscape. This book argues that the state can, and indeed has a duty to, regulate the phenomenon of political disinformation in a holistic manner, while both preserving and safeguarding freedom of expression, in particular by providing for a suitable combination of correction and sanction mechanisms. The book builds on relevant analytical and normative insights from the field of political philosophy and uses the legal framework of the Council of Europe as its main point of reference. It begins by dissecting key concepts underpinning the ongoing scholarly and policy discourse on disinformation, clarifying the meaning and scope of âfreedomâ in general, and âfreedom of expressionâ in particular, as well as âdisinformationâ in general, and âpolitical disinformationâ in particular. This conceptual groundwork in turn helps make out the case for regulating political disinformation and informs the choice of the suggested regulatory strategies. The book promises to be a valuable resource for academics, judges and policymakers, particularly those working in the areas of human rights law, media law, public law, legal philosophy, media studies, communication studies and information science.
£137.75
Taylor & Francis Ltd Interpreting Statutes
Book SynopsisThis book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.Trade Review’The book will be a storehouse of information about the legal cultures of the countries. The editors are to be congratulated on organising the transnational effort to impose order on a disorderly subject (or non-subject).’ The International and Comparative Law Quarterly ’The comparative methods used in the book both in structuring the national reports and in offering a comparative analysis, are highly praiseworthy.’ Professor Dr U Drobnig, Max-Planck-Institut, GermanyTable of ContentsContents: Introduction, Robert Summers; Ithaca on method and methodology, Zenon Bankowski, Neil MacCormick and Jerzy Wroblewski; Statutory Interpretation in Argentina, Enrique Zuleta-Puceiro; Statutory interpretation in the Federal Republic of Germany, Robert Alexy and Ralf Drier; Statutory interpretation in Finland, Aulis Aarnio; Statutory Interpretation In France, Michel Troper, Christophe Grzegorczyk and Jean Louis Gardes; Statutory Interpretation in Italy, Massimo La Torre, Enrico Pattaro and Michele Taruffo; Statutory Interpretation in Poland, Jerzy Wroblewski; Statutory Interpretation in Sweden, Alexsander Peczenik and Gunnar Bergholtz; Statutory Interpretation in the United Kingdom, Zenon Bankowski and Neil MacCormick; Statutory Interpretation in the United States, Robert S. Summers; Interpretation and Comparative Analysis, Robert S. Summers and Michele Taruffo; Interpretation and Justification, Neil MacCormick and Robert S. Summers; Appendix; Index.
£47.49
Taylor & Francis Ltd Intercultural Constitutionalism
Book SynopsisThis book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, interculTable of ContentsContentsPrefacePart I Fundamental Rights in the Light of their EvolutionChapter 1 Fundamental Rights: Amidst "Nature" and "History" . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 The universal notion of Human rights in light of theological and moral basis . . . . . . . . . . . . . . . . . . . .. 1.3 The rational conception of "natural rights" via an empirical basis . . . . . . . . . . . . . . . . . . . . . . . … 1.4 The socio-historical conception of rights and freedoms in contrast to "universal rights" . . . . . . . . . . . .. 1.5 The conception of freedom-based rights: from its declaration to its first constitutional enshrinement . . . 1.6 The conception of freedom-based rights: between nationalism and rigid legal positivism . . . . . . . . . . References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Fundamental Rights and Constitutional InterpretationChapter 2 Principles and Fundamental Rights as the Foundation of Constitutional Legal Orders. . . .2.1 Supremacy of Constitutions and the prevalence of the fundamental principles they portray. . . . . . . . . . . 2.2 Fundamental Rights and limits to the power of constitutional review: a comparison of experiences2.3 Subsequent elements to legal comparison. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4 Stability and the foundation of constitutional legal orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 New trends and the weakening of constitutional principles: global constitutionalism and societal constitutionalism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 3 Fundamental Rights and the Interpretative Evolution of Constitutional Principles. . . . . . 3.1 Values, principles and interpretative canons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 Evolutionary interpretation of the equality principle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3 Homo oeconomicus in a liquid society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4 The Islamic veil and rational fundamentalism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5 The application of the equality principle to foreigners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6. The constitutional principle on the value of labour and participation as fundamental social rights extended to Italian and foreign workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7 Towards a fundamental rights citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 From a universal rights rhetoric towards an inter-cultural European citizenship . . . . . . . . . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Fundamental Rights in the Field of Intercultural Research. Between General Theory and Comparative Legal AnalysisChapter 4 Fundamental rights in between cultural relativism and comparative legal analysis 4.1 Pluralist principle and cultural relativism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 Looking East. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 Looking to the African continent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4 Looking to Latin American countries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 The dual nature of the dignity-rights relationship: some examples . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5 The Law and Constitutions as a Historical and Cultural Praxis. . . . 5.1 Towards an "impure" notion of the Law. Beyond theoretical and methodological positivism. . . . . . . . 5.2 Meaning and functions of the notion of "cross-cultural constitutionalism". . . .References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Index
£52.24
Taylor & Francis Ltd Multinationals and the Constitutionalization of
Book SynopsisThis collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations.The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law.The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leadeTrade Review‘Building on a legal pluralist theoretical framework, this study makes a stimulating contribution to the growing body of scholarship dedicated to the private international legal dimension of global governance through its focus on the multinational firm as a power system interacting with a characteristically complex and reflexive regulatory environment.’Horatia Muir Watt, Sciences-Po, FranceTable of ContentsForeword: constitutionalization and the regulation of transnational firms, John Gerard Ruggie; Introduction, Jean-Philippe Robé, Antoine Lyon-Caen and Stéphane Vernac. Part I Firms and Power: Globalization and constitutionalization of the world-power system, Jean-Philippe Robé; Constitutionalizing financial power: the corporation and the new aristocracy of finance, Paddy Ireland; Corporate power in the global economy: an evolutionary perspective, Ronen Palan; Powers and responsibilities in multi-member organizations, Elsa Peskine and Stéphane Vernac. Part II The Concept of Constitutionalization: Reflections on the constitutionalization of the world power system, Gunther Teubner; Law in the global age: heading toward a societal constitutionalism, Jean De Munck; Constitutionalization outside of the state? A constitutionalist's point of view, Véronique Champeil-Desplat; The concept of constitutionalization and the multi-corporate enterprise in the 21st century - the body corporate from incarnation to ensoulment to ministry (but whose?), Larry Catá Backer. Part III The Concept of Constitutionalization Applied to the Firm: Human rights and the constitutionalized corporation, Sheldon Leader; The responsibility of multinational enterprises: a constitutionalization process in action, Antoine Lyon-Caen and Tatiana Sachs; ‘Constitutionalization’ and the status of the director: the test of ‘say on pay’, Charley Hannoun; Can states regain fiscal sovereignty over globalized business?, Christian Chavagneux. Afterword; Index.
£43.99
Taylor & Francis Ltd Punishment
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide.Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores among others retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspect
£37.99
Taylor & Francis Ltd Justice Humanity and the New World Order
Book SynopsisThis title was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order, by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order, including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism, which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order.Trade Review'In these difficult times when wars are conducted in the name of justice and people are routinely killed in the pursuit of ’humanitarian’ goals, Ian Ward offers an erudite and passionate call for the priority of the just over the lawful. Ward argues for a return to a humanism of the future in which sense and sensibility, reason and passion, law and literature will no longer be enemies but allies in the struggle to bring equity back into the law and justice into the imperial world order under construction.' Professor Costas Douzinas, University of London, UK. 'Ian Ward makes a powerful case for a new legal humanism that judiciously balances sense and sensibility, reason and imagination, justice and legality. Rooted in broad interpretations of Kant and Adam Smith, this book may extend our juristic canon to include Godwin and Coleridge, Havel and Derrida, and even George Eliot and Walt Whitman. Clear, erudite, and readable.' Professor William Twining, University College, London, UK '...a most useful text...' Law and Politics Book Review 'His [Ward] professed aim is to put forward some constructive ideas as building blocks for a new approach to law and justice...The book is written with an appealing sense of passion and it is not difficult to certify that it has achieved its purpose.' Adelaide Law ReviewTable of ContentsContents: Introduction: before the law. Sense and sensibility; Prometheus unbound. A new world order; The peoples of Europe; The battle for humanity; Conclusion: towards a new humanism?; Bibliography; Index.
£32.99
Taylor & Francis Ltd Chinese Constitutionalism in a Global Context
Book SynopsisOver the course of the last four decades as China's ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China's constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the concepTable of Contents1. Introduction; 2. Conceptual Frameworks towards Constitutionalism in China; 3. Western Liberal Constitutionalism in China: Its History, Core Claims, and Challenges; 4. Traditional Confucian Constitutionalism: Current Explorations and Its Prospects; 5. Sinicized Marxist Constitutionalism: Its Emergence, Contents and Implications; 6. The Romance of "Three Constitutional Kingdoms": Who will Unify the World? 7. Implications for the World; Appendix Zhuangzi’s View on Non-action as the Panacea of Peace; Index
£128.25
Taylor & Francis Ltd The Applied Ethics of Emerging Military and Security Technologies
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£237.50
Taylor & Francis Ltd Machine Ethics and Robot Ethics
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£275.50
Taylor & Francis Ltd The Ethics of Sports Technologies and Human Enhancement
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£256.50
Taylor & Francis Ltd Nussbaum and Law
Book SynopsisThe essays collected in this volume reflect the profound impact of Martha Nussbaum's philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law's protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, andTable of ContentsContents: Introduction: towards humanistic jurisprudence. Part I The Capabilities Approach: Disability human rights, Michael Ashley Stein; Martha Nussbaum’s capabilities approach and equality rights for people with disabilities: rethinking the Granovsky decision, Ravi Malhotra; Personal delegations, Alexander A. Boni-Saenz; Animals as vulnerable subjects: beyond interest-convergence, hierarchy, and property, Ani B. Satz; Capabilities and constitutions, Robin West. Part II Law and Emotions: Gender and emotion in criminal law, Katharine K. Baker; Empathy, narrative, and victim impact statements, Susan Bandes; Justice and mercy in the face of excessive suffering: some preliminary thoughts, David Gray. Part III Sexuality, Gender, Feminism and Law: Conferring dignity: the metamorphosis of the legal homosexual, Noa Ben-Asher; Feminism as liberalism: a tribute to the work of Martha Nussbaum, Tracey E. Higgins; Human capabilities and human authorities: a comment on Martha Nussbaum’s Women and Human Development, Robin West. Part IV Law and Literature: Regulatory fictions: on marriage and countermarriage, Elizabeth F. Emens; The city and the poet, Kenji Yoshino. Name index.
£285.00
Cambridge University Press Modernism and the Grounds of Law Cambridge Studies in Law and Society
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£42.74
Cambridge University Press Equality Responsibility and the Law
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£48.44
Cambridge University Press Dimensions of Private Law
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£32.29
Cambridge University Press Criminal Law Tradition and Legal Order
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£37.04
Cambridge University Press Three Anarchical Fallacies
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Cambridge University Press The Jurisprudential Foundations of Corporate and Commercial Law
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Cambridge University Press The Theory of Contract Law
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Cambridge University Press Philosophy and the Law of Torts
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Cambridge University Press Legal Positivism in American Jurisprudence
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Cambridge University Press Psychological Perspectives on Justice
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Cambridge University Press Moral Combat
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Cambridge University Press Human Rights Southern Voices Francis Deng Abdullahi AnNaim Yash Ghai and Upendra Baxi Law in Context
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Cambridge University Press Conscience and the Common Good Reclaiming the Space Between Person and State
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Cambridge University Press Legal Ethics and Human Dignity
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Cambridge University Press International Law and its Others
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Cambridge University Press Hugo Grotius On the Law of War and Peace Student Edition
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
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Cambridge University Press Conscience and the Common Good
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