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The Transformation of Administrative Law in Europe
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
The New World Order
"This book considers the ways in which a cosmopolitan vision might constitute the ethical basis for the validity criteria of a new world order, and thus the basis for the validity of international law in a future global political reality. It examines the transformation of some of the fundamental pairs of concepts associated with the change of the concept of the state in our post-national epoch, and it analyzes the change of the perception of the legal subject and the new role of the individual person in international law after the Second World War. Finally, it raises a number of questions concerning a cosmopolitan democracy with a network of national and trans-national institutions."--
A Three-Dimensional Theory of Law
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Law and Literature
María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.
Transnational Legality
International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.
Globalization
Edited by one of the most prominent scholars in the field and including a distinguished group of contributors, this collection of essays makes a striking intervention in the increasingly heated debates surrounding the cultural dimensions of globalization. While including discussions about what globalization is and whether it is a meaningful term, the volume focuses in particular on the way that changing sites—local, regional, diasporic—are the scenes of emergent forms of sovereignty in which matters of style, sensibility, and ethos articulate new legalities and new kinds of violence. Seeking an alternative to the dead-end debate between those who see globalization as a phenomenon wholly ...
Climate Justice
In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiatedconsensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future,she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolatedfrom the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding anddesertification), which represent an urgent and ...
International Law as Constructive Resistance towards Peace and Justice
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
