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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 language.
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
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Despite the increasing concern for the issue of respect for persons displayed over the last decades by political philosophers, human-right thinkers, social and ethical theorists, a comprehensive treatment of the problem at stake from a historical-philosophical perspective is conspicuously absent. The present collection of essays aims to contribute to the fulfillment of this gap by offering a reconstruction of the seminal passages in the history of philosophy which testify to the evolution of the idea of respect for persons and the rich array of conceptual specifications that such an idea acquires across the centuries. By analysis of pivotal texts of ancient and modern contemporary philosophy...
The international COVID-19 pandemic continues to impact many people’s daily lives, and this natural phenomenon does not leave the world of media untouched either. In Central and Eastern Europe, media regulatory processes are often covert; as if governments are using the viral situation to achieve their unstated goals. Freedom of expression as a fundamental human right can quickly face severe restrictions in such cases, raising the problem of conflicting fundamental rights. Legislation, the functioning of the media system, and other media rights issues, have for several years been on the agenda in many Central and Eastern European countries. The exercise of exceptional powers has reached th...
As with the author’s recent books Extreme Explosions and Under a Crimson Sun, the complex topic of star clusters is broken down and made accessible with clear links to other areas of astronomy in a language which the non-specialist can easily read and enjoy. The full range of topics are addressed regarding how star clusters are formed. Why is it some are dense conglomerates of stars while others are looser associations? Are the young, brilliant clusters seen in neighboring galaxies such as the Large Magellanic Cloud, M33 or M82 analogous to the ancient globulars seen in the Milky Way? How will these clusters change as their stars wane and die? More interestingly, how does living in a dense...
Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends ...