Hirohide Takikawa – författare
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2 produkter
2 produkter
E-bok
PDF, Engelska, 2012330 kr
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In his Kobe Lecture, Cass Sunstein reflects upon his judicial minimalism, a doctrine asserting that the proper role of the judiciary is to go "e;narrow and shallow,"e; collectively making minimal changes to its jurisprudence. He goes "e;beyond judicial minimalism"e; by reflecting on the goal and conditions that make the minimalist strategy reasonable, culminating in the conclusion that there are situations when a different strategy is more efficient. Ten commentators carefully examine Sunstein's legal theory, especially his arguments for and against judicial minimalism. Sunstein himself replies to the comments by appealing to the notion of fallibility. This e-book attempts to evaluate the pros and cons of judicial minimalism as an important strategy for legal interpretation.
E-bok
PDF, Engelska, 2020569 kr
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The most fundamental topics for philosophy of law in modern societies include the rule of law and democracy. It is widely accepted that both are important for good governance, but the concepts are often elusive. The rule of law and democracy sometimes compete with each other depending on their conceptions. A variety of arguments have been suggested for explaining and justifying them, but none is conclusive. It is important to give a better understanding of both conceptions and to combine them. This e-book contains the 12th Kobe Lecture "e;Fuller's Relationships"e; delivered by Kristen Rundle, another main lecture "e;The Borders of Law"e; delivered by Tetsu Sakurai, and the selected articles related with the rule of law and democracy that were originally presented at the 1st IVR Japan International Conference at Doshisha University (Kyoto, Japan) in 2018.