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39 produkter

Cosmopolitan Constitution
AvAlexander Somek
E-bok
PDF, Engelska, 2014
561 kr
Läs direkt efter köp
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other systemof ''peer review'' among nations.This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds.This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise ofpolitical authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It representsconstitutional authority for an administered world.
Cosmopolitan Constitution
AvAlexander Somek
E-bok
Engelska, 2014
561 kr
Läs direkt efter köp
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other systemof ''peer review'' among nations.This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds.This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise ofpolitical authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It representsconstitutional authority for an administered world.
Engineering Equality
An Essay on European Anti-Discrimination Law
AvAlexander Somek
E-bok
PDF, Engelska, 2011
1 049 kr
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In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union.
The Cosmopolitan Constitution
AvAlexander Somek
Häftad, Engelska, 2016
601 kr
Skickas inom 7-10 vardagar
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations.This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
Individualism
An Essay on the Authority of the European Union
AvAlexander Somek
Inbunden, Engelska, 2008
1 932 kr
Skickas inom 7-10 vardagar
This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europe would create a smokescreen obscuring a new and disturbing reality.Drawing on the ancient tradition of linking different types of political power with the composition of the citizen's soul, the book explains that a transnational regime is based on an understanding of citizenship that is different from that underlying a constitutional democracy. Citizens are deemed to be essentially separate from one another. They abandon the larger society to itself and pursue their good in the private sphere. In place of trust and reliance in their own power to bring about change through common action, they hope to benefit from entrusting "problem-solving" to international networks of expertise. Essentially, citizens of this kind exhibit a strong commitment to individualism.The book shows how individualism is reflected in the regulatory authority that the Union claims for itself, in particular as regards the regulation of the internal market.
The Cosmopolitan Constitution
AvAlexander Somek
Inbunden, Engelska, 2014
2 035 kr
Skickas inom 5-8 vardagar
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations.This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
Engineering Equality
An Essay on European Anti-Discrimination Law
AvAlexander Somek
Inbunden, Engelska, 2011
2 324 kr
Skickas inom 5-8 vardagar
In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union.
The Legal Relation
Legal Theory after Legal Positivism
AvAlexander Somek
Inbunden, Engelska, 2017
1 539 kr
Skickas inom 5-8 vardagar
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Legal Relation
Legal Theory after Legal Positivism
AvAlexander Somek
E-bok
Engelska, 2017
499 kr
Läs direkt efter köp
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as ''character masks'' (Marx), for example, as ''buyer'' and ''seller'' or ''landlord'' and ''tenant''. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Legal Relation
Legal Theory after Legal Positivism
AvAlexander Somek
E-bok
PDF, Engelska, 2017
499 kr
Läs direkt efter köp
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as ''character masks'' (Marx), for example, as ''buyer'' and ''seller'' or ''landlord'' and ''tenant''. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
The Legal Relation
Legal Theory after Legal Positivism
AvAlexander Somek
Häftad, Engelska, 2017
512 kr
Skickas inom 5-8 vardagar
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Vienna Lectures on Legal Philosophy, Volume 1
Legal Positivism, Institutionalism and Globalisation
AvChristoph Bezemek,Michael Potacsm. fl.
Inbunden, Engelska, 2018
1 041 kr
Skickas inom 10-15 vardagar
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a ‘postnational constellation’ and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Vienna Lectures on Legal Philosophy, Volume 1
Legal Positivism, Institutionalism and Globalisation
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
Engelska, 2018
417 kr
Läs direkt efter köp
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a ''postnational constellation'' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Vienna Lectures on Legal Philosophy, Volume 1
Legal Positivism, Institutionalism and Globalisation
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
PDF, Engelska, 2018
421 kr
Läs direkt efter köp
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a ''postnational constellation'' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-normativism in Law
AvChristoph Bezemek,Michael Potacsm. fl.
Inbunden, Engelska, 2020
1 041 kr
Skickas inom 10-15 vardagar
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-Normativism in Law
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
Engelska, 2020
407 kr
Läs direkt efter köp
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-Normativism in Law
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
PDF, Engelska, 2020
407 kr
Läs direkt efter köp
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 1
Legal Positivism, Institutionalism and Globalisation
AvChristoph Bezemek,Michael Potacsm. fl.
Häftad, Engelska, 2020
394 kr
Skickas inom 10-15 vardagar
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a ‘postnational constellation’ and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-normativism in Law
AvChristoph Bezemek,Michael Potacsm. fl.
Häftad, Engelska, 2022
381 kr
Skickas inom 10-15 vardagar
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Knowing What the Law Is
Legal Theory in a New Key
AvAlexander Somek
Inbunden, Engelska, 2021
1 235 kr
Skickas inom 10-15 vardagar
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.Legal experts claim to know what the law is. Legal theory—or jurisprudence—explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Knowing What the Law Is
Legal Theory in a New Key
AvAlexander Somek
E-bok
Engelska, 2021
617 kr
Läs direkt efter köp
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Knowing What the Law Is
Legal Theory in a New Key
AvAlexander Somek
E-bok
PDF, Engelska, 2021
617 kr
Läs direkt efter köp
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Knowing What the Law Is
Legal Theory in a New Key
AvAlexander Somek
Häftad, Engelska, 2023
575 kr
Skickas inom 10-15 vardagar
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.Legal experts claim to know what the law is. Legal theory—or jurisprudence—explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Vienna Lectures on Legal Philosophy, Volume 3
Legal Reasoning
AvChristoph Bezemek,Michael Potacsm. fl.
Inbunden, Engelska, 2023
1 170 kr
Skickas inom 10-15 vardagar
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Vienna Lectures on Legal Philosophy, Volume 3
Legal Reasoning
AvChristoph Bezemek,Michael Potacsm. fl.
Häftad, Engelska, 2025
562 kr
Skickas inom 10-15 vardagar
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Vienna Lectures on Legal Philosophy, Volume 3
Legal Reasoning
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
PDF, Engelska, 2023
603 kr
Läs direkt efter köp
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Vienna Lectures on Legal Philosophy, Volume 3
Legal Reasoning
AvChristoph Bezemek,Michael Potacsm. fl.
E-bok
Engelska, 2023
603 kr
Läs direkt efter köp
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Constitution of the Legal Relation
A Pragmatist Philosophy of Law
AvAlexander Somek
Inbunden, Engelska, 2026
1 170 kr
Skickas inom 10-15 vardagar
This book defends the relational approach to law.It begins by exploring how law is constituted in the context of either rational or reasonable conduct. Having identified reasonableness as the unifying theme of natural law theories, it argues that the form and authority of law originate in the practical resolution of a moral antinomy that these theories leave unaddressed.The reasonableness of law lies in the structure and principles of relations in which rights are correlated with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, law emerges from our interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as expressions of a common will. The book concludes that, unsurprisingly, modern constitutionalism represents a thoroughly pragmatic and most defensible conception of the authority of law.
Constitution of the Legal Relation
A Pragmatist Philosophy of Law
AvAlexander Somek
E-bok
Engelska, 2026
1 263 kr
Läs direkt efter köp
This book defends the relational approach to law. It begins by exploring how law is constituted in the context of either rational or reasonable conduct. Having identified reasonableness as the unifying theme of natural law theories, it argues that the form and authority of law originate in the practical resolution of a moral antinomy that these theories leave unaddressed. The reasonableness of law lies in the structure and principles of relations in which rights are correlated with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, law emerges from our interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as expressions of a common will. The book concludes that, unsurprisingly, modern constitutionalism represents a thoroughly pragmatic and most defensible conception of the authority of law.
Constitution of the Legal Relation
A Pragmatist Philosophy of Law
AvAlexander Somek
E-bok
PDF, Engelska, 2026
1 250 kr
Läs direkt efter köp
This book defends the relational approach to law. It begins by exploring how law is constituted in the context of either rational or reasonable conduct. Having identified reasonableness as the unifying theme of natural law theories, it argues that the form and authority of law originate in the practical resolution of a moral antinomy that these theories leave unaddressed. The reasonableness of law lies in the structure and principles of relations in which rights are correlated with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, law emerges from our interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as expressions of a common will. The book concludes that, unsurprisingly, modern constitutionalism represents a thoroughly pragmatic and most defensible conception of the authority of law.

Alexander Somek – författare

Cosmopolitan Constitution

Cosmopolitan Constitution

Engineering Equality

The Cosmopolitan Constitution

Individualism

The Cosmopolitan Constitution

Engineering Equality

The Legal Relation

Legal Relation

Legal Relation

The Legal Relation

Vienna Lectures on Legal Philosophy, Volume 1

Vienna Lectures on Legal Philosophy, Volume 1

Vienna Lectures on Legal Philosophy, Volume 1

Vienna Lectures on Legal Philosophy, Volume 2

Vienna Lectures on Legal Philosophy, Volume 2

Vienna Lectures on Legal Philosophy, Volume 2

Vienna Lectures on Legal Philosophy, Volume 1

Vienna Lectures on Legal Philosophy, Volume 2

Knowing What the Law Is

Knowing What the Law Is

Knowing What the Law Is

Knowing What the Law Is

Vienna Lectures on Legal Philosophy, Volume 3

Vienna Lectures on Legal Philosophy, Volume 3

Vienna Lectures on Legal Philosophy, Volume 3

Vienna Lectures on Legal Philosophy, Volume 3

Constitution of the Legal Relation

Constitution of the Legal Relation

Constitution of the Legal Relation