Bøger i Applied Legal Philosophy serien

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions.

In this book, a distinguished International group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

The essays published in this volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.

What is the best way to promote human rights in grossly repressive states when neither sanctions nor trade and investment have much effect? This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the framework of human rights protection. Beginning with an explanation of the concept and a comparison with the alternatives of Ostracism and Business as Usual, the book argues that Principled Engagement deserves greater attention and explains how it works and what factors contribute to its success or failure. Case studies provide a rare scholarly inquiry into the effectiveness of the basic underlying ideas and analyse and assess specific cases, including from China, Burma, Zimbabwe and Liberia. Written by leading academics and practitioners, the book takes a general, comparative approach to human rights policy that teases out broad lessons about what works. Ultimately, this is a study that challenges scholars and practitioners alike to take a fresh look at how human rights are promoted internationally.

This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. It provides a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical.

Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

This book provides an analysis of the general concept of religious liberty with a close study of important cases that serve as a test bed for proposals. It combines the insights of both pure academics and experienced practitioners in law to take a fresh look at the nature, scope and limits of religious liberty.

Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. This book deals with the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and more.

This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the framework of human rights protection. Written by leading academics and practitioners, the book takes a general.

When does the exercise of an interest constitute a human right? The contributors to Menuge's edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. This topical book should be of interest to a range of academics from disciplines spanning law, philosophy.

In legal theory, legal positivism is generally taken to be the view that the concept of law can be elucidated without reference to morality. It is the thesis of this book that such a belief in the amoralism (and certainly the immoralism) of legal positivism is mistaken.

Presents a collection of essays from leading figures in the field of medical law and ethics in honour of Professor Ken Mason, one of the most eminent scholars in the area. This book is suitable for anyone studying or working in medical law or medical ethics.

This collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. Edmond from University of NSW.

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. This title presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.

What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study? This book tackles this question by examining the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems.

Deliberative democracy tends to suffer from a lack of literature from the perspective of legal theory. This book looks at the three fundamental questions raised in deliberative theory: why deliberate, who deliberates and where to deliberate? It examines the relationship between representatives and their constituents, and the politics of inclusion.

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

Bagnall attempts to shed new light on the idea of law itself, shifting away from the scientific approach toward an artistic perspective on law.

Provides a framework for legislation. This volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory. The essays published in this collection develop a range of insights into the relationship between legislative problems and legal theory.

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions.

This study provides clarification of problems of logic and argumentation in relation to evidence and proof, presenting an important contribution to the field for both scholars and practitioners.

Explores developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. This book aims to provide a holistic picture of the constitutional management of cultural diversity through the prisms of different disciplines and experiences: theoretical and practical.