Routledge Research in Legal Philosophy – serie
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35 produkter
35 produkter
Procedural Justice and Relational Theory
Empirical, Philosophical, and Legal Perspectives
Inbunden, Engelska, 2020
2 141 kr
Skickas inom 10-15 vardagar
This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
2 003 kr
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Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport.There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee – including video assistant refereeing – rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports.The book will be a valuable resource to undergraduates, postgraduates and for those working in the areas of legal philosophy, sports law and philosophy of sport.
585 kr
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Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport.There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee – including video assistant refereeing – rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports.The book will be a valuable resource to undergraduates, postgraduates and for those working in the areas of legal philosophy, sports law and philosophy of sport.
Procedural Justice and Relational Theory
Empirical, Philosophical, and Legal Perspectives
Häftad, Engelska, 2022
626 kr
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This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Theory of Legal Punishment
Deterrence, Retribution, and the Aims of the State
Inbunden, Engelska, 2021
2 347 kr
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This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state.A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged.This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
585 kr
Skickas inom 10-15 vardagar
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state.A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged.This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Origin of Copyright
Expression as Knowing in Being and Copyright Onto-Epistemology
Inbunden, Engelska, 2021
2 141 kr
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Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.
Origin of Copyright
Expression as Knowing in Being and Copyright Onto-Epistemology
Häftad, Engelska, 2023
585 kr
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Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.
1 969 kr
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This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
576 kr
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This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
716 kr
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This book elaborates on deontic logic and network theory to present a reductionist theory of the law, disclosing a simple understanding of legal norms based on minimum necessary and sufficient notions. The analysis explores the concept of a ‘norm’ as a claim-obligation relation that regulates conduct, that is, action and inaction, among subjects, in space and time. Based on these five minimum notions, the study illustrates legal systems as networks of substantive right-duty relations that are procedurally organised according to time. The research relies on basic Kripke-style semantics as social matrixes to explain fundamental normative concepts and further on network science, social network theory and graph-theoretic notation, based on ties and nodes, to elaborate a formal representation of minimum necessary notions and of legal systems as deontic networks. The book will be of interest to academics, researchers and practitioners working in the areas of legal philosophy, legal theory and international law.
2 141 kr
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This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency.The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojtyła, the author develops a ‘Status of Personhood Theory’.The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.
538 kr
Skickas inom 10-15 vardagar
This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency.The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojtyła, the author develops a ‘Status of Personhood Theory’.The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.
709 kr
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This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers’ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers’ duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients’ best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.
272 kr
Skickas inom 10-15 vardagar
This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers’ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers’ duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients’ best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.
Moral Pluralism and the Complexity of Punishment
The Penal Philosophy of H.L.A. Hart
Inbunden, Engelska, 2023
2 003 kr
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This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.
Moral Pluralism and the Complexity of Punishment
The Penal Philosophy of H.L.A. Hart
Häftad, Engelska, 2024
585 kr
Skickas inom 10-15 vardagar
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.
Human Dignity, Judicial Reasoning, and the Law
Comparative Perspectives on a Key Constitutional Concept
Inbunden, Engelska, 2024
2 141 kr
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This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or the right to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and international law specialists. While being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.
Human Dignity, Judicial Reasoning, and the Law
Comparative Perspectives on a Key Constitutional Concept
Häftad, Engelska, 2025
640 kr
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This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or the right to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and international law specialists. While being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.
Cosmopolitanism, State Sovereignty and International Law and Politics
A Theory
Inbunden, Engelska, 2023
2 141 kr
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This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues.The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
585 kr
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This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues.The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Act and Omission in Criminal Law
Autonomy, Morality and Applications to Euthanasia
Inbunden, Engelska, 2024
2 141 kr
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This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses.While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions.This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.
- Nyhet
Act and Omission in Criminal Law
Autonomy, Morality and Applications to Euthanasia
Häftad, Engelska, 2026
640 kr
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This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses.While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions.This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.
640 kr
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This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined.The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
2 141 kr
Skickas inom 10-15 vardagar
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined.The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Metaethical Issues in Contemporary Legal Philosophy
A Constitutivist Approach
Inbunden, Engelska, 2024
2 003 kr
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This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylor-francis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.
1 969 kr
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The Illegality Defence posits that a cause of action cannot arise from a wrongful act. Barring a claim through the application of this defence contradicts considerations of corrective justice, as the defendant is released from liability even though the claimant would otherwise have been entitled to a remedy. This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context. Offering a novel approach, the work explores the development, interpretation, and application of the Illegality Defence within a constitutional framework, bridging the gap between private and public law. By delving into the structured concepts of proportionality, it aims to establish a more refined legal model which is sensitive to the protection of human rights – specifically, the human right to property. This approach seeks to enhance legal certainty and predictability in the application of the Illegality Defence. The study will be essential reading for academics and researchers working in the areas of legal theory, human rights law, and jurisprudence.
1 969 kr
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This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. Although there is growing interest in the role of empathy in judicial decision-making, there is little research on how judges themselves approach this issue. This volume offers an alternative to the usual focus on common law jurisdictions. It adopts a perspective that underscores the impact of professional pressures on judges’ empathic abilities, leading to a form of "empathy labor" influenced by the unique characteristics of the judicial profession. It offers an in-depth examination of judges’ opinions, collected through an empirical study involving in-depth interviews. The narrative delves into real cases and judicial behaviors discussed by judges, providing reference to relevant literature from other jurisdictions. The core finding of the study reveals that while judges may differ in their approaches to empathy in a judicial context, many of their practices and strategies can be linked to empathy-like phenomena. The findings also substantiate the claim that empathy used by judges is not the same as judicial empathy, which covers empathic abilities integrated into performing the judicial role. This applied theoretical perspective of "empathy labor" offers an intriguing view of how the occupational context influences judges’ empathic inclinations throughout their careers. In addition to demonstrating how judges understand the role of empathy in their work, the book outlines a scenario for empathy training based on their experiences and expectations. Presenting an original approach to studying the role of empathy in judicial decision making, the book will be of interest to academics and researchers working in the areas of philosophy of law, legal theory, sociology of law, psychology of law, and emotions studies.
618 kr
Kommande
This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. Although there is growing interest in the role of empathy in judicial decision-making, there is little research on how judges themselves approach this issue. This volume offers an alternative to the usual focus on common law jurisdictions. It adopts a perspective that underscores the impact of professional pressures on judges’ empathic abilities, leading to a form of "empathy labor" influenced by the unique characteristics of the judicial profession. It offers an in-depth examination of judges’ opinions, collected through an empirical study involving in-depth interviews. The narrative delves into real cases and judicial behaviors discussed by judges, providing reference to relevant literature from other jurisdictions. The core finding of the study reveals that while judges may differ in their approaches to empathy in a judicial context, many of their practices and strategies can be linked to empathy-like phenomena. The findings also substantiate the claim that empathy used by judges is not the same as judicial empathy, which covers empathic abilities integrated into performing the judicial role. This applied theoretical perspective of "empathy labor" offers an intriguing view of how the occupational context influences judges’ empathic inclinations throughout their careers. In addition to demonstrating how judges understand the role of empathy in their work, the book outlines a scenario for empathy training based on their experiences and expectations. Presenting an original approach to studying the role of empathy in judicial decision making, the book will be of interest to academics and researchers working in the areas of philosophy of law, legal theory, sociology of law, psychology of law, and emotions studies.
2 534 kr
Kommande
This volume examines the underexplored relationship between philosophy and international criminal law, disciplines commonly separated despite their shared engagement with truth, responsibility, and judgment. Philosophical inquiry has long analyzed concepts central to criminal adjudication, yet these insights have rarely informed international criminal trial practice. Consequently, notions such as intent, causation, qualia, fairness, truth, dignity, luck, and amnesty are often employed in conceptually thin or imprecise ways. Treating these notions simultaneously as legal requirements, forms of deliberative reasoning, and subjects of contemporary philosophical debate, the book demonstrates how philosophy can clarify, discipline, and strengthen international legal reasoning. The discussions, written by philosophically and scientifically informed scholars and experienced international law practitioners, revisit foundational philosophical ideas, critically reassess their assumptions, and translate them into operational tools for international criminal jurisprudence. Through close engagement with doctrinal practice and trial reasoning, the contributors address persistent conceptual gaps and unresolved interpretive difficulties that have shaped past and ongoing proceedings. The volume aims to expand the analytical resources available to judges, prosecutors, defense counsel, investigators, and scholars. It ultimately presents international criminal law as a form of applied philosophy, arguing that rigorous philosophical analysis can enhance the coherence, fairness, and practical effectiveness of international criminal law practice worldwide.