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61 produkter
61 produkter
E-bok
PDF, Engelska, 20121 654 kr
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After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
E-bok
PDF, Engelska, 20191 261 kr
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Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions.The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law.Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state''s written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
E-bok
Engelska, 20191 261 kr
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Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions.The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law.Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state''s written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
E-bok
PDF, Engelska, 2019443 kr
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Since 2015, Poland''s populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of asuccessful transitional democracy.Poland''s anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called ''illiberal democracy''. As this book argues, the Polish variant of ''illiberal democracy'' is an oxymoron. By undermining the separation ofpowers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
E-bok
Engelska, 2019443 kr
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Since 2015, Poland''s populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of asuccessful transitional democracy.Poland''s anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called ''illiberal democracy''. As this book argues, the Polish variant of ''illiberal democracy'' is an oxymoron. By undermining the separation ofpowers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
E-bok
PDF, Engelska, 20221 556 kr
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Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading ''exemplars of public reasons'', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.
E-bok
Engelska, 20221 556 kr
Läs direkt efter köp
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading ''exemplars of public reasons'', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.
Inbunden, Engelska, 2023
1 876 kr
Skickas inom 5-8 vardagar
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.
Inbunden, Engelska, 2019
1 599 kr
Skickas inom 7-10 vardagar
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Inbunden, Engelska, 2019
472 kr
Skickas inom 5-8 vardagar
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Inbunden, Engelska, 2006
1 142 kr
Skickas inom 7-10 vardagar
Europe has entered the 21st century in a state of growing uncertainty about the role and scope of traditional political rights. The scope of 'political rights' is a subject which has always provoked a degree of scholarly controversy, as indeed is reflected in the essays of this volume. Nonetheless, it has usually been taken as evident that the best cure for various threats to and defects of liberal democracy is more stringent rather than less stringent protection of rights such as freedom of speech, or freedom of political and other forms of association. But the global environment in which Europe finds itself has changed, and has gradually eroded these conventional wisdoms. The increased threat of terrorism on the one hand, epitomised by the events of September 11 2001, and the accession of the post-communist countries of Central and Eastern Europe with their specific political traditions on the other hand, has placed this liberal-democratic consensus under considerable stress.The essays collected in this volume reflect this stress, and search for answers to the questions raised by the changing political environment. The contributions focus on the European experience but they are placed within a wider global context in reflecting on the appropriate scope and strength of protection of political rights. Under what circumstances is 'militant democracy' - democracy which is intolerant of the enemies of democracy - a cure to the real and imagined threats, and under what circumstances does it become part of the problem? Different chapters deal variously with the theory of political rights, the rights to freedom of expression and to freedom association (focusing particularly on the topical issue of party closures), the understanding of political rights in Central and Eastern Europe and its impact on the democratization of this region, the question of political rights of minorities in this region, and finally the effectiveness of the Council of Europe's monitoring mechanisms.
Häftad, Engelska, 2006
825 kr
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This edited collection examines the growing uncertainty about the role and scope of traditional political rights in the 21st Century's increased threat of terrorism. It reflects on the appropriate scope and strength of protection of political rights in a wider global context, and covers issues such as the rise of 'militant democracies' and the effectiveness of the Council of Europe's monitoring mechanisms.
Inbunden, Engelska, 2008
1 101 kr
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This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. In the sphere of political equality this book argues that the best construction of equality in a democratic system - which resonates with the legitimizing function of majority rule - is that of equality of political opportunity. It is largely procedural, but those procedures represent important substantive values built into a majoritarian system. In the sphere of legal equality it argues that a plausible conception of non-discrimination can be constructed through a "reflective equilibrium" process, and should reject a thoughtless assumption that the presence of some particular criteria of differentiations necessarily taints a legal classification as discriminatory. Finally, the chapters on social equality explore, in some detail, the currently influential, and presumptively attractive, "luck egalitarianism": the idea that social equality calls for neutralizing the disparate effects of bad brute luck upon a person's position in society.
Inbunden, Engelska, 2012
2 226 kr
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After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Inbunden, Engelska, 2010
2 269 kr
Skickas inom 10-15 vardagar
This book examines in depth the impact of the EU on aspects of the quality of democracy in eight selected post-communist countries. Considering both the political and legal aspects of the dynamics among institutions and focussing on inter-institutional accountability, the book analyses how constitutional designs have been effectively implemented to achieve this, and to what extent this was the result of EU action. In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-à-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candidates: Albania and Serbia; and neighbour and remote neighbour states: Ukraine and Armenia. Each chapter addresses a range of dimensions and most relevant domains of inter-institutional accountability, that is: executive-legislative relationships; constitutional justice; decentralisation and regionalism; and the role of ombudsman or other relevant authorities.Seeking to assess how important the role of the EU has been in influencing the modes and characteristic of democracies and fundamental rights established in these regions, this book will be of interest to students and scholars of comparative politics, EU politics, Post-communist studies and democratization studies.
Del 9 - Law and Philosophy Library
Moral Pluralism and Legal Neutrality
Inbunden, Engelska, 1989
1 493 kr
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lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Inbunden, Engelska, 1992
2 208 kr
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The purpose of this volume is to provide the reader with a broad range of texts which will aid reflection upon issues relating to law and religion. These texts present a diversity of ideological and scholarly responses to the questions related to the relationship of law and religion in modern societies.
Häftad, Engelska, 2022
409 kr
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Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.
E-bok
Engelska, 2022495 kr
Läs direkt efter köp
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.
E-bok
PDF, Engelska, 2022495 kr
Läs direkt efter köp
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.
Inbunden, Engelska, 2022
959 kr
Skickas inom 7-10 vardagar
Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.
E-bok
Engelska, 2022364 kr
Läs direkt efter köp
Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.
Häftad, Engelska, 2022
302 kr
Skickas inom 7-10 vardagar
Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.
E-bok
PDF, Engelska, 2022364 kr
Läs direkt efter köp
Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.
Inbunden, Engelska, 2024
2 438 kr
Skickas inom 10-15 vardagar
This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts.In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice.This book will appeal to academics and advanced students in law, politics, and philosophy.The Open Access version of the Introduction, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.The Open Access version of the introduction was funded by University of Sydney Library.
Häftad, Engelska, 2026
662 kr
Kommande
This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts.In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice.This book will appeal to academics and advanced students in law, politics, and philosophy.The Open Access version of the Introduction, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.The Open Access version of the introduction was funded by University of Sydney Library.
E-bok
PDF, Engelska, 2024723 kr
Läs direkt efter köp
This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts.
In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice.
This book will appeal to academics and advanced students in law, politics, and philosophy.
The Open Access version of the Introduction, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
The Open Access version of the introduction was funded by University of Sydney Library.
E-bok
Engelska, 2024723 kr
Läs direkt efter köp
This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts.
In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice.
This book will appeal to academics and advanced students in law, politics, and philosophy.
The Open Access version of the Introduction, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
The Open Access version of the introduction was funded by University of Sydney Library.
Inbunden, Engelska, 2020
1 355 kr
Skickas inom 7-10 vardagar
Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.
E-bok
PDF, Engelska, 20201 587 kr
Läs direkt efter köp
Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book''s chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.