Elgar Studies in Legal Theory – serie
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35 produkter
Freedom Under the Private Law
Av Allan Beever
Inbunden, 2023
1814 kr
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Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato’s conception of the Philosopher Kings, through the classical nineteenth …
After Meaning
The Sovereignty of Forms in International Law
Häftad, 2023
380 kr
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Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure …
Great Adaptation
Technique, Environment, and the Law on the Globe
Inbunden, 2024
1497 kr
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This timely book puts forward a novel understanding of the ongoing relationship between the law, regulation, technology and science with the goal of helping to mitigate and adapt to the severe environmental and societal impacts of climate change.Guilherme Pratti demonstrates the pivotal role of the …
Ethics of Institutional Beliefs
From Theoretical to Empirical
Av Adam Dyrda, Maciej Juzaszek m. fl.
Inbunden, 2025
1989 kr
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This incisive book reflects on the ethics of institutional belief, exploring the philosophy of social and legal institutions. Expert authors examine the deeds, beliefs, and collective attitudes of these institutions, in light of distinct ethical and epistemological approaches.Contributors discuss …
Human Rights and other International Law
Priorities, Conflict and Possible Convergence
Av Tom Hadden
Inbunden, 2025
1354 kr
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Tom Hadden presents a much-needed critique of the current state of human rights law and explains how its standards and procedures can be developed to meet major economic, social and environmental change.The book highlights the inconsistencies between established human rights conventions and other …
Law, Sacrifice and Survival
Legal Theory and Future Generations
Inbunden, 2027
1830 kr
Kommande
This thought-provoking book bridges the fields of legal theory and intergenerational justice. It demonstrates how legality ‘humanises’ intergenerational responsibilities by placing reasonable limits on our sacrifices for future generations.
Laws of Caring
The Right to Marry Defended
Inbunden, 2026
1434 kr
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In this provocative book, Bartosz Biskup advocates for a reform of the right to marry, arguing that this right should extend beyond romantic or sexual couples to include any relationship that provides care and support.Through philosophical and legal analysis of the European Convention on Human …
Legal Theory and the Media of Law
Inbunden, 2018
2946 kr
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As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory …
Authority in Transnational Legal Theory
Theorising Across Disciplines
Av Roger Cotterrell, Maksymilian Del Mar
Inbunden, 2016
2374 kr
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The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that …
Understanding the Nature of Law
A Case for Constructive Conceptual Explanation
Inbunden, 2015
1738 kr
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Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?Michael Giudice presents the problem: several methods suggest themselves as suitable to …
Comparative Law as Critique
Inbunden, 2016
1850 kr
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'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access …
Law’s Political Foundations
Rivers, Rifles, Rice, and Religion
Inbunden, 2016
1675 kr
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Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law …
Technology and the Trajectory of Myth
Av David Grant, Lyria Bennett Moses
Inbunden, 2017
1770 kr
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Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal …
Turning Point in Private Law
Ecology, Technology and the Commons
Av Ugo Mattei, Alessandra Quarta
Inbunden, 2018
1527 kr
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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the …
Law and Evil
The Evolutionary Perspective
Inbunden, 2018
1325 kr
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Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he …
Legal Conversation as Signifier
Av Jan M. Broekman, Frank Fleerackers
Inbunden, 2017
1675 kr
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Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, …
Domesticating Kelsen
Towards the Pure Theory of English Law
Inbunden, 2019
1580 kr
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There exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law …
Gender, Alterity and Human Rights
Freedom in a Fishbowl
Av Ratna Kapur
Inbunden, 2018
1913 kr
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'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of …
End of Law
How Law’s Claims Relate to Law’s Aims
Inbunden, 2019
1500 kr
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Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a …
Law in the First Person Plural
Roots, Concepts, Topics
Inbunden, 2020
1850 kr
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The first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the …
Legal Certainty in the Preliminary Reference Procedure
The Role of Extra-Legal Steadying Factors
Av John Cotter
Inbunden, 2022
1818 kr
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This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as …
Comparative Law as Critique
Häftad, 2019
506 kr
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'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access …
Law’s Reality
A Philosophy of Law
Av Allan Beever
Inbunden, 2021
2114 kr
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Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, …
Human Rights and Radical Political Philosophy
Inbunden, 2026
1357 kr
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Human Rights and Radical Political Philosophy engages in a critique of international human rights law through readings of influential European philosophers. Roberto Buonamano explores novel and valuable perspectives on the conceptualization of human rights and their relationship to the modern …
Insanity Defense
A Philosophical Analysis
Inbunden, 2021
1325 kr
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This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its …
Embodiment and the Law
A New Approach to Analysis, Discourse and Reasoning
Inbunden, 2025
1437 kr
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The law currently sees bodies as passive material upon which our values are inscribed rather than as an active part of the production of normative values. Rethinking current legal understandings of embodiment, this book proposes that peoples’ experiences of embodiment play an important role in the …
After Meaning
The Sovereignty of Forms in International Law
Inbunden, 2021
1389 kr
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Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure …
Interpretivism and the Limits of Law
Av Tomasz Gizbert-Studnicki, Francesca Poggi m. fl.
Inbunden, 2022
1850 kr
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What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that …
Socratic Voices
Dialogues on Law, Time, and Reconciliation
Inbunden, 2023
1325 kr
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In seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same …
Theories of Legal Relations
Inbunden, 2023
1786 kr
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Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical.Emmanuel Jeuland defends the logical …
