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Legal system and practical reason
Aus dem Inhalt: > I. Plenarvotrage: R. Alexy: Eine diskurstheoretische Konzeption der praktischen Vernunft u O. Weinberger: Der Streit um die praktische Vernunft u II. Offentlicher Vortrag: M. Kriele: Zur Universalitat der Menschenrechte u III. Arbeitsgruppenreferate: J. M. Adeodato: Practical Regularities in Underdeveloped Countries u J. L. Bazan / R. Madrid: Racionalidad y Razonabilidad en el Derecho u V. Black: Putting Power in its Place u J. de Sousa e Brito: Praktische Vernunft und Utilitarismus u A. G. Conte: Deontisch vs. anankastisch u W. Eichhorn: Uber eine verfehlte und doch unverzichtbare Idee der praktischen Vernunft u U. Fazis: Theorie und Ideologie der Postmoderne u F. Galindo:...
German Idealism and the Concept of Punishment
Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.
Diversity and Inclusion in Higher Education and Societal Contexts
Groundbreaking in its international, interdisciplinary, and multi-professional approach to diversity and inclusion in higher education, this volume puts theory in conversation with practice, articulates problems, and suggests deep-structured strategies from multiple perspectives including performed art, education, dis/ability studies, institutional as well as government policy, health humanities, history, jurisprudence, psychology, race and ethnicity studies, and semiotic theory. The authors—originating from Austria, Germany, Luxembourg, Trinidad, Turkey, and the US— invite readers to join the conversation and sustain the work.
Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
The Hidden Origins of the German Enlightenment
A vivid account of the diverse intellectual landscape of the German Enlightenment, exploring radical writing between 1680 and 1720.
International Handbook of Violence Research
An international manual is like a world cruise: a once-in-a-lifetime experience. All the more reason to consider carefully whether it is necessary. This can hardly be the case if previous research in the selected field has already been the subject of an earlier review-or even several competing surveys. On the other hand, more thorough study is necessary if the intensity and scope of research are increasing without comprehensive assessments. That was the situation in Western societies when work began on this project in the summer of 1998. It was then, too, that the challenges emerged: any manual, espe cially an international one, is a very special type of text, which is anything but routine. ...
The Oxford Handbook of Criminal Law
Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.
Consent
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdi...
Contemporary German Legal Philosophy
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
European Criminal Law
European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.
