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This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. Th...
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academ...
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality an...
This volume is the first comprehensive study of the Polish history of law and Christianity written in English for a global audience. It examines the lives of twenty-one central figures in Polish law with a focus on how their Christian faith was a factor in molding the evolution of law in their country and the region. The individuals selected for study exhibit wide-ranging areas of expertise, from private law and codification, through national public law and constitutional law, to international developments that left their mark on Poland and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians looking at the jurists’ particular merits, contributions to law in general, religious perspective, and period under consideration. The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians, among other readers, will find, for the first time in English, authoritative treatments of essential Polish legal thinkers and authors.
Cosmopolitanism is one of the most venerable intellectual traditions in the history of political philosophy. From the ancient Greek Diogenes’ claim to be “a citizen of the world” through to Kant’s Enlightenment vision of a world government and even into our own time, the idea of cosmopolitanism has stirred the moral imagination of many throughout history. Arguably the Brexit referendum result and the election of Donald Trump in 2016 marked the first major public repudiation of the transnational, globalizing cosmopolitan ideals that have arguably dominated politics in the liberal democratic West since the end of the Cold War. This volume reconsiders cosmopolitanism and its discontents in the age of Brexit and Trump by bringing together the great thinkers in the history of political philosophy and contemporary reflections on the problems and possibilities of international relations, human rights, multiculturalism, and regnant theories of democracy and the state.
Freedom of Conscience. A Comparative Law Perspective addresses the timeliest of topics. Across the European continent as well as in the Anglophone world (including the United States), “freedom of conscience” is at the forefront of issues addressed by judges and legislators. It is also a perennial matter of great importance. Public authorities throughout the ages have struggled to understand, and properly to meld, the necessities of political order and the freedom of competent adults to author their own actions and to constitute themselves by making, and acting upon, their conscientious decisions about what moral truth requires of them. The urgency and gravity of the issues presented by ...
This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.
In March 1968, against the background of the Six-Day War, a campaign of antisemitism and anti-Zionism swept through Poland. The Expulsion of Jews from Communist Poland is the first full-length study of the events, their precursors, and the aftermath of this turbulent period. Plocker offers a new framework for understanding how this antisemitic campaign was motivated by a genuine fear of Jewish influence and international power. She sheds new light on the internal dynamics of the communist regime in Poland, stressing the importance of middle-level functionaries, whose dislike and fear of Jews had an unmistakable impact on the evolution of party policy. The Expulsion of Jews from Communist Poland examines how Communist Party leader Wladyslaw Gomulka's anti-Zionist rhetoric spiraled out of hand and opened up a fraught Pandora's box of old assertions that Jews controlled the Communist Party, the revival of nationalist chauvinism, and a witch hunt in universities and workplaces that conjured up ugly memories of Nazi Germany.
The book represents original research in a field of study rarely pursued while analysing the intellectual dimensions of disputes over ethically sensitive issues that occur in European Union politics. These disputes are generally analysed at ideological, ethical, economic and interstate levels. However, these references do not suffice in understanding the issue, which is related to a divergent perception of the essence of humanity and thus the subject matter of anthropology. The main research objective of the monograph is therefore to reconstruct the sources and the specific European Union way of thinking about the human being. Methodologically, the book expands the understanding of political...
This book discusses the papers presented at Conference ISPEM 2023 which was organized by Wrocław University of Science and Technology, Liverpool John Moores University, and University of Minho. The conference gave an opportunity to exchange experiences in intelligent systems and tools in production, and maintenance, especially its practical application.