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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
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 to.
The book deals with two very important but imprecise terms in contemporary law, namely public policy and public morality. It is commendable that such a comprehensive work about general clauses has been prepared. They are the elements of the common good which refers directly to Article 1 of the Constitution of the Republic of Poland. The aim of these clauses is to protect the integrity of Polish legal order and the reason why they are applied boils down to the public interest. The clauses refer to the extralegal criteria of a moral, economic or political nature. That is why, for a legal practice, it appears vital that experts contribute to the clarification of their content and meaning as a l...
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The early 20th-century Russo-Polish legal thinker Leon Petrażycki (1867–1931) developed a comprehensive social psychology of law. Because only a fraction of his work is available in English, Petrażycki is today little known and seldom discussed in the Anglophone countries. This volume aims to remedy this deficit by introducing Petrażycki’s life and work specifically to an English-speaking audience. It is intended as a reappraisal of some of his views in the context of current advancements. This collection of 12 chapters produced by a panel of international scholars from various social science fields will be useful to a new generation of students formulating their own theories and research on socio-legal behavior. Leon Petrażycki: Law, Emotions, Society will be of interest to students and scholars of sociology of law, socio-legal studies, and philosophy of law
Mega-sociology is the last book written by Adam Podgórecki. He was working on its final version when he died on August 18, 1998, of heart attack. The revisions he intended to make did not concern the main ideas of this book, rather he planned a thorough re-working of its structure to make their presentation more focused and effective. After much deliberation, I have decided to have the manuscript published without any editing that might have inadvertently distorted the Author’s intentions. The concept of megasociology is about making sociology relevant by placing it in the social context of specific societies and their values, and thereby, enabling a culturally appropriate, organic social action. It grew out of Podgórecki’s concern with the ‘invasion of dilettantes’ in sociology, led by ideologues, who created abstract, detached from social reality pseudo-theories designed primarily for their own aggrandizement. It was also a next step in his almost life-long search for the best way to approach the task of helping societies to live better.
Scholars of history, law, theology and anthropology critically revisit the history of human rights.
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of ...
This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.