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The Challenge of Inter-legality
The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
Rule of Law and Democracy
Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.
Radical Constitutional Pluralism in Europe
This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounti...
Reinforcing Rule of Law Oversight in the European Union
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Self-Constitution of European Society
Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and plurali...
Virtue in Global Governance
Virtue in Global Governance offers a framework and vocabulary for discussing the virtues in international affairs.
Relocating the Rule of Law
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Research Handbook on the Law of Virtual and Augmented Reality
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.
Certainty in Law
Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law ...
Rethinking the Jurisprudence of Cyberspace
Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.
