Methods, theory and philosophy of law Books
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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Cambridge University Press Equality Responsibility and the Law
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Cambridge University Press Dimensions of Private Law
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Cambridge University Press Criminal Law Tradition and Legal Order
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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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Cambridge University Press The Content and Context of Hate Speech
Book SynopsisThe contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world.Trade Review'… a wide and encompassing look at hate speech in its various forms and the various factors (of which modern communications is but one) that push for a rethink of regulations. … The Content and Context of Hate Speech is a useful and enjoyable book for anyone who is interested in the issue, whether as part of academic research, as a participant in the public debate or as a media professional. The book can be read through from beginning to end, to challenge the mind and get new ideas, or it can be used to go deeper on specific issues through the interesting sources referred to and the many new facts presented.' Katrin Merike Nyman-Metcalf, International and Comparative Law Quarterly'The 'context' of anti-Gypsyism, and the connections between hateful words and heinous deeds pose profound and troubling questions for champions of free speech and opponents of content-based bans … This stimulating collection of interviews and essays edited by Herz and Molnar provides a singularly comprehensive rethink on responses to the content and context of hate speech.' Bernard Rorke, European Roma Rights Centre (ERRC) blog'[The title] The Content and Context of Hate Speech: Rethinking Regulation and Responses is well chosen for the collection of essays assembled by [Herz and Molnar] … To the extent that this can be done in a few words, it encapsulates an important part of the debate over what to do about hate speech. The essays reflect a broad consensus that hate speech is one of the afflictions of our era and that there is a need to counter it. … There is much to admire in the essays …' Aryeh Neier, International Journal of Constitutional LawTable of ContentsForeword: hate speech and the coming death of the international standard before it was born (complaints of a watchdog) Miklos Haraszti; Foreword: hate speech and common sense Adam Liptak; Part I. Overviews: 1. Interview with Robert Post Peter Molnar and Robert Post; 2. Is there a case for banning hate speech Bhikhu Parekh; 3. Hate speech C. Edwin Baker; 4. Interview with Kenan Malik Peter Molnar and Kenan Malik; 5. Hate speech and the demos Jamal Greene; 6. On American hate speech law Floyd Abrams; Part II. Refinements and Distinctions: 7. Social epistemology, Holocaust denial, and the post-millian calculus Frederick Schauer; 8. Denying experience: Holocaust denial and the free speech theory of the state Julie Suk; 9. What's wrong with defamation of religion? Kwame Anthony Appiah; 10. 'Hate speech' and imminent danger of violence Peter Molnar; 11. Reconceptualizing counter-speech in hate speech policy (with a focus on Australia) Katharine Gelber; 12. Hate speech and self-restraint Arthur Jacobson and Bernhard Schlink; 13. Hate speech in constitutional jurisprudence: a comparative analysis Michel Rosenfeld; 14. One step beyond hate speech: post-Soviet regulation of 'extremist' and 'terrorist' speech in the media Andrei Richter; 15. Hate speech and comprehensive forms of life Alon Harel; Part III. Equality and Fear: 16. Hate speech and political legitimacy Jeremy Waldron; 17. Reply to Jeremy Waldron Ronald Dworkin; 18. Waldron, Machiavelli, and hate speech Stephen Holmes; 19. Shielding marginalized groups from verbal assaults without abusing hate speech laws Yared Legesse Mengistu; 20. Interview with Nadine Strossen Peter Molnar and Nadine Strossen; 21. Interview with Theodore Shaw Peter Molnar and Theodore Shaw; Part IV. International Law: 22. Does international law provide for consistent rules on hate speech? Toby Mendel; 23. State-sanctioned incitement to genocide: the responsibility to prevent Irwin Cotler; 24. A survey and critical analysis of Council of Europe strategies for countering 'hate speech' Tarlach McGonagle; 25. The American convention on human rights: regulation of hate speech and similar expression Eduardo Bertoni and Julio Rivera, Jr; 26. Orbiting hate: satellite transponders and free expression Monroe Price.
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Cambridge University Press Patriarchal Religion Sexuality and Gender
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Cambridge University Press The Apology Ritual A Philosophical Theory of Punishment
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Cambridge University Press Cultural Products and the World Trade Organization 54 Cambridge Studies in International and Comparative Law Series Number 54
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Cambridge University Press Posthumous Interests Legal and Ethical Perspectives 7 Cambridge Law Medicine and Ethics Series Number 7
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Cambridge University Press Muslim Legal Thought in Modern Indonesia
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Cambridge University Press Justice through Apologies Remorse Reform And Punishment
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Cambridge University Press The Content and Context of Hate Speech
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Cambridge University Press How to Do Things with Rules
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Cambridge University Press Hugo Grotius on the Law of War and Peace Student Edition
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Cambridge University Press The Approach to SelfGovernment
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Cambridge University Press Liberty Equality and Law Selected Tanner Lectures on Moral Philosophy
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Cambridge University Press Rules Norms and Decisions
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Cambridge University Press Psychological Perspectives on Justice
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Cambridge University Press I Do Solemnly Swear The Moral Obligations of Legal Officials
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Cambridge University Press The Public International Law Theory of Hans Kelsen Believing in Universal Law Cambridge Studies in International and Comparative Law Series Number 68
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Cambridge University Press Rejecting Rights
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Cambridge University Press Restorative Justice and Family Violence
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Cambridge University Press Sir Henry Maine A Study in Victorian Jurisprudence Cambridge Studies in English Legal History
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Cambridge University Press Errors of Justice
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