Bøger i Applied Legal Philosophy serien

Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Curry from Charles Sturt University, NSW.

Contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. This book puts European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy.

Presents a collection of essays that brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine influence of Bauman's works on social theory of law and socio-legal studies. This book focuses on the concept of 'liquid society' and its adoption by legal scholars.

Establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. This title suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined.

Within contemporary society, a number of themes (globalisation, health and regulation) interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. This book is about those patterns as they arise in the contemporary legal, health and ethical context.

Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties, the case law of the U.S. supreme court. Yet the model is designed to account for any legal system that recognises civil rights and liberties. The author applies techniques of logical analysis to identify a discursive structure.

Analyzes and critiques 'second wave' feminists who discuss how philosophers such as Plato and Aristotle, Descartes, Hobbes and Kant regard human beings and their capacities. The author suggests adopting an inclusive universal concept of the human being, Hegelian ideas of the formation of the free human being in society, and care ethics.

Connects the Methodology Debate within Legal Philosophy to constitutional adjudication in charter systems. This study shows how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty in a thoroughgoing manner.

Places the idea of law's ultimate task in the context of what actually happens when people seek to do justice and enforce legal rights in a world that is inflected by the desperation and suffering of the many. This book traces the rule of law all the way down to its most fundamental level: universal human suffering.

Begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis.

Presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. This book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and provides a legal right not to be unfairly criminalized.

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the national state has become a principal concern for legal and political scholars. This book explores the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'.

Argues that, rather than thinking of shareholders as passive investors, they should be given opportunities to be active members of corporations and that these corporations are, in fact, constitutional arrangements. This means that companies are decision-making organisations in which questions of process and structure are important.

Systematically examines the connections between classic rhetoric and modern legal discourse. Traces the history of legal rhetoric from the classical period to the present day.

Presents a collectivist model of intellectual property rights. This work argues that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as private property.

In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. This book provides an evaluation of debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society.

This text identifies and analyses legal duties arising for individuals under international and national (constitutional) law, while references are made from time to time to moral duties.

From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This title examines the tension between these two poles, 'ratio and voluntas' in modern law.

Provides an overview of topics in law and ethics in relation to intellectual property. This book addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. It also provides an insight into the process of international policy-making.

Brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. This work explores the underlying question of how phenomena of transnational law are best understood by legal theory.

This work attempts to address the question, "Can we accommodate intellectual property within one or more of the existing general accounts of property, or should we develop a distinctive theory of intellectual property?" Locke, Hegel and Marx are drawn upon in the discussion.

Comprises of a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. This title is suitable for those interested in the workings of the modern legal system.

What is international law?, and the reality of international law, and, 'Is international law really law?'. This volume examines these questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought.

Law can be seen to consist of rules, decisions, and a framework of institutions providing a structure that forms the conditions of its existence. This book conducts a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.

This treatise develops a critical version of legal positivism as the basis for modern legal scholarship. The author develops an alternative to traditional legal positivism, giving an account of how modern positive law can solve the problem of its limits and criteria of legitimacy.

This work seeks to answer the question: "What does thinking like a lawyer actually involve"? The focus is mainly on English common law, but the text aims to contribute to comparative law, in as much as it is concerned with the "law" question.

Reviews, compares and analyzes the practice of interpretation in nine countries representing Europe (North, South, East and West) and America (USA and Argentina). It examines common law and civil law; and explores the implications for general theories of interpretation and of justification.