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The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The autho...
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Revolutionaries, counter-revolutionaries, and reformers the world over appeal to democracy to justify their actions. But when political factions compete over the right to act in "the people's" name, who is to decide? Although the problem is as old as the great revolutions of the seventeenth and eighteenth centuries, events from the Arab Spring to secession referendums suggest that today it is hardly any closer to being solved. This book defends a new theory of democratic legitimacy and change that provides an answer. Christopher Meckstroth shows why familiar views that identify democracy with timeless principles or institutions fall into paradox when asked to make sense of democratic foundin...
This book focuses on Kant’s analysis of three issues crucial for contemporary politics. Starting from a new reading of Kant’s account of our innate right to freedom, it highlights how a Kantian foundation of human rights, properly understood and modified where necessary, appears more promising than the foundational arguments currently offered by philosophers. It then compares Kant’s model for peace with the apparently similar model of democratic peace to show that the two are profoundly different in content and in quality. The book concludes in analysis of Kant’s controversial view of history to rescue it from the idea that his belief in progress is at best over-optimistic and at worst dogmatic. Congratulations to Professor Luigi Caranti and his book 'Kant's Political Legacy' which has been given a 'honorable mention' by the North American Kant Society in the competition for the best 2018 book on Kant!! http://northamericankantsociety.onefireplace.org/Announcements/6660588
This thoroughly revised and updated edition of The German Polity provides a comprehensive introduction to contemporary German politics, focusing especially on the recovery of the economy and Germany's growing power in Europe and beyond. Looking back, David P. Conradt and Eric Langenbacher trace the country's transformation since the seminal turning points of 1945 after World War II and 1990 after reunification. Looking to the present, the authors explain and assess its major institutions, actors, and issues. Looking forward, they explore the looming economic, security, and demographic challenges the political system must address in the years to come.
Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, p...
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.
This volume contains the Proceedings of the V Meeting Italian/American Philosophy on the Theme "Autonomy of Reason?" that took place in Rome from the 16th to the 19th October 2007. Reason that is purely autonomous in self-legislating is completely empty and impotent or incapable of self-determination. Self-determination exists only in that realm of the spirit that is not simply the realm of ends, but a historical society based on reciprocal recognition that is established through law, and finally freely self-determined only through acting in a state that has as its last end the achievement of freedom.