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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 book grew out of an international symposium, organized in September 1986 by the Austrian Cultural Institute in Warsaw in cooperation with the Polish Philosophical Society. The topic was: The Vienna Circle and the Lvov-Warsaw School. Since the two phil osophical trends existed in roughly the same time and were close ly related, it was one of the purposes of the symposium to investigate both similarities and thp differences. Some thirty people took part in the symposium, nearly twenty contributions were presented and extensively discussed. The sym posium owed much to the excellent organization and warm hospital ity shown by Dr Georg Jankovic, the Director of the Austrian In stitute. As th...
This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent.This book's fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.
Danish Yearbook of Philosophy - Volume 26
Content: I. Theories of State: R. Martin: Democracy and Rights: Two Perspectives - G. den Hartogh: The Limits of Liberal Neutrality - M. Blegvad: Types of Liberal Theories of Justice and Democracy - P. Gerard: Ethique et politique dans la legitimation du droit - A. Perenic: La primaute de l'individu ou la primaute du systeme politique - E. Wolgast: The State as Servant - V. Haksar: Social Contract, Integrity and the Right to Equal Liberties - II. Theories of Law: J. Cottingham: The Philosophical Status of Natural Rights - T. A. Fay: Rights and Natural Law - S. Morimura: Social Morality and Right-Based Moralities - M. D. Bayles: Against Right-Based Moral Theories - C. Johnson: On Some Alleged...
Modern logic has Wldergone some remarkable developments in the last hun dred years. These have contributed to the extraordinary use of formal logic which has become essentially the concern of mathematicians. This has led to attempts to identify logic with formal logic. The claim has even been made that all non-formal reasoning, to the extent that it cannot be formalized, no longer belongs to logic. This conception leads to a genuine impoverishment of logic as well as to a narrow conception of reason. It means that as soon as demonstrative proofs are no longer available reason will no longer dominate. Even the idea of the 'reasonable' becomes foreign to logic and such expres sions as 'reasonable decisions', 'reasonable choice' or 'reasonable hypotheses' would be put aside as meaningless. The domain of action, including method ology and everything that is given over to deliberation or controversy - i.e., foreign to formal logic - would become a battleground where necessarily the reason of the strongest would always prevail.
Civil Democracy Protection is an overview of attempts by organisations to oppose groups that are perceived to threaten democracy. The book traces the history of civil democracy protection actors from the establishment of democratic constitutional states up to the present day and develops a set of systematic and comparative approaches. The central question it explores is: What significance do civil actors have for the establishment and consolidation of democratic constitutional states, especially in relation to the protection of democracy by state institutions? The volume includes contributions from historians and social scientists, who combine idiographic approaches that focus on the specifi...