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From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can...
The abolition of slavery and similar institutions of servitude was an important global experience of the nineteenth century. Considering how tightly bonded into each local society and economy were these institutions, why and how did people decide to abolish them? This collection of essays examines the ways this globally shared experience appeared and developed. Chapters cover a variety of different settings, from West Africa to East Asia, the Indian Ocean and the Caribbean, with close consideration of the British, French and Dutch colonial contexts, as well as internal developments in Russia and Japan. What part of the abolition decision was due to international pressure, and what part due t...
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.
What is the real meaning of 'an eye for an eye and a tooth for a tooth'? Where did the idea for the 'Jubilee 2000' and 'Drop the Debt' campaigns come from? And what, really, are the 'Ten Commandments'? In God, Justice, and Society, Jonathan Burnside looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. He explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context. Burnside questions the biblical texts from the perspective of an academic lawyer and criminologist and asks what the biblical materia...
A revolutionary approach exploring legal themes such as justice, legitimacy, sovereignty, and power through close readings of major works of art.