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A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns
About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking ba...
Moral Pluralism and Legal Neutrality
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 ...
The Paradoxes of Action
This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.
Ethics of Migration Research Methodology
Intends to present the difficulties that researchers working with migrants in precarious situations have to contend with, and to contribute to the development of methodological and ethical discussions relevant to the topic of migration as an interdisciplinary field of research. This book is suitable for those dealing with vulnerable migrants.
The Legal Essays of Michael Bayles
The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such wor...
Fundamentals of Legal Argumentation
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, ...
Psychopathology and Function
A comprehensive guide to understanding mental health, Psychopathology and Function, Sixth Edition offers helpful insights and strategies for occupational therapists to understand the approaches of other disciplines, such as medicine, physical therapy, social work, psychology, and nursing, and work effectively in the care team. An essential occupational therapy resource for more than 30 years, Dr. Bette Bonder’s Psychopathology and Function, Sixth Edition clearly describes occupational therapy’s unique perspectives and contributions to improving the lives of those struggling with emotional and psychological challenges. The Sixth Edition offers an overview of important research and discuss...
The Law in Philosophical Perspectives
In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method...
Neo-Liberal Globalism and Social Sustainable Globalisation
According to mainstream economic thinking, inspired by the ideas of Smith, Ricardo and others, globalisation of the world economy is profitable. But unlike these classic writers, neoliberal economists pay little attention to the moral and social consequences of economic policies. Despite the fact that present social circumstances differ a great deal from those in the time of Smith and Ricardo they keep maintaining that “an invisible hand” will further social ends. In doing so they ignore growing poverty worldwide and the exclusion of countries from the international legal order and of people from the right to social participation and freedom. This book pays attention to economic aspects of globalisation and also to philosophical, legal, social, cultural, ethical and ecological aspects. Its aim is to contribute to possible solutions for worldwide problems that accompany the globalisation process.
Reasoning with Rules
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
