الصفحة 1
الصفحة 1
Methods of Legal Reasoning
The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method.
International legal theory and the cognitive turn
Significant changes in social sciences often herald changes in legal theory, including in international legal theory. In light of the cognitive turn in social sciences, this volume seeks to explore the implications of this ‘turn’ for international legal theories. Cognitive and behavioural studies are making inroads into international law literature and international policy-making,
General principles of law : the role of the judiciary
Examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma.The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems.
Ethical Traceability and Communicating Food
This book draws on philosophical discourses (like ethics, political philosophy and philosophy of law) around food ethics and empirical research in three important food chains (UK bread, Danish bacon and Greek olive oil) to argue that ethical traceability systems could be used to communicate food information to consumers, allowing them not only to make food choices consistent with their own values, but also to play a more informed role in the way food is produced and distributed.
Dignity in the 21st Century : Middle East and West
Dignity in the 21st Century - Middle East and West is unique and insightful for a range of reasons. First, the book is co-authored by scholars from two different cultures (Middle East and West). As a result, the interpretations of dignity covered are broader than those in most Western publications. Second, the ambition of the book is to use examples from everyday life and fiction to debate a range of dignity interpretations supplemented by philosophical and theological theories. Thus, the book is designed to be accessible to a general readership, which is further facilitated because it is published with full open access. Third, the book does not defend one superior theory of dignity, but instead presents six Western approaches and one based on the Koran and then asks whether a common essence can be detected.
Covid-19 and Capitalism : Success and Failure of the Legal Methods for Dealing with a Pandemic
The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.
Law and Politics : A Dilemma for Contemporary Legal Theory
Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms.
Judges and Adjudication in Constitutional Democracies : A View from Legal Realism
Offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Autonomy : In the Law
Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.
A treatise of legal philosophy and general jurisprudence: Vol.1 : The law and the right, Vol.2 : Foundations of Law, Vol.3 : Legal Institutions and the Sources of Law, Vol.4 : Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Vol.5 : Legal Reasoning, A Cognitive Approach to the 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. 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.
A treatise of legal philosophy and general jurisprudence ; Vol.7 : The Jurists’ philosophy of law from Rome to the seventeenth century, Vol.8 : A History of the philosophy of law in the common law world, 1600–1900
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.
