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Jurisprudence in the Mirror
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achie...
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
The Cambridge Companion to Legal Positivism
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Field of Battle
The emergence of a geopolitical war scenario, establishing a form of global governance that utilizes methods of surveillance and control. In times of war the law is silent. —from Field of Battle Field of Battle presents the world today as nothing less than a war in progress, with Mexico an illustrative microcosm of the developing geopolitical scenario: a battlefield in which violence, drug trafficking, and organized crime—as well as the alegal state that works alongside all of this in the guise of fighting against it—hold sway. The rule of law has been replaced by the dominance of alegality and the rise of the “a-state.” This war scenario is establishing a form of global governance...
The Rule of Law History, Theory and Criticism
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Legal Philosophy
Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.
The Sense of Thirst
The deep link between water and the right to health is one of the themes dealt with in denouncing the urgent social and geopolitical issues inherent in the most essential of human resources. In an era marked by the pandemic, by environmental disasters linked to climate change, by the phenomenon of Earth Overshoot Day, water is "analysed" as an emblem of the planet's natural balance that human beings cannot destroy without annihilating themselves. The denunciation of issues that cannot be postponed, such as the ever less obvious right of access to drinking water, or drought, the cause of conflicts and migratory flows, is accompanied by an analysis of the spiritual, cultural and artistic dimension with which man has looked to the natural element, the source of life par excellence. The cry of the scientists, in fact, is waiting to be re-launched by a powerful leap of ethical awareness. Lest we forget that, as the philosopher-anthropologist Loren Eiseley said, “If there is any magic on this planet, it is contained in the water”.
The Fear of Erring
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Criminal Law and Morality in the Age of Consent
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philoso...
Varieties of Religious Space. Freedom, Worship and Urban Justice
Negli ultimi anni si è sovente parlato di de-secolarizzazione. Al tempo stesso, tuttavia, non si è mai spenta la voce di chi afferma che la modernità ha inaugurato un'epoca in cui la religione è in via di estinzione e la secolarizzazione ha vinto la partita della storia. Se così fosse, un libro sullo 'spazio religioso’ sarebbe poco più che un testo su un tema di nicchia. C’è da chiedersi, tuttavia: lo 'spazio religioso' può davvero considerarsi scisso e categoricamente distinguibile dallo spazio in generale? Le città europee sono state storicamente costruite intorno a una chiesa collocata accanto alla sede del governo, generando a sua volta lo ‘spazio' della piazza pubblica pr...
