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Current Legal Theory
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The Family and the Nation
Until recently, migration policies primarily targeted labour migrants and asylum seekers. Family migration was taken for granted. But now, many nations are restricting family migration, particularly from poorer countries. The Netherlands have even gone so far as to require family migrants to pass an integration test before being allowed to enter the country. How can this shift in policies be explained? Does it, as some suggest, indicate a new trend towards racist exclusion? This book places family migration policies in the broader perspective of changing family norms. In doing so, it shows the added value of studying immigration law not as an isolated field, but in connection with other fiel...
Regulating Morality
The purpose of this volume is to compare the experiences of state efforts to control moral behavior in two countries (The Netherlands and the United States of America) by exploring the historical developments in regulating morality and the contemporary efforts to implement moral policies. The volume opens with an overview of the theoretical and historical setting of the debate about moral developments in the Netherlands and the United States. Various hypotheses are then tested by comparing the histories of prostitution and abortion policies in both countries in the nineteenth and twentieth centuries, the jurisprudence and legislation with respect to euthanasia, and the course and contents of family law (divorce, adoption, homo marriage). Apart from the comparative aspect, these case studies are highly informative and fascinating to read in and by themselves.
Judicial Politics and Policy-making in Western Europe
Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.
The Law's Beginnings
Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law’s beginnings have survived in some cases. In this book, scholars from various disciplines–linguists, lawyers, historians, anthropologists–present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.
The Secular Outlook
The Secular Outlook: In Defense of Moral and Political Secularism shows how people can live together and overcome the challenge of religious terrorism by adopting a "secular outlook" on life and politics. Shows how secularism can answer the problem of religious terrorism Provides new perspectives on how religious minorities can be integrated into liberal democracies Reveals how secularism has gained a new political and moral significance. Also examines such topics as atheism, religious criticism and free speech
A Treatise of Legal Philosophy and General Jurisprudence
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 ...
Images of the Nation
This collection of case studies investigates the significance and function of national identity. The authors see national consciousness in terms of the circumstances in which it arose, and in terms of the meaning which it had for a specific group or individual. Representations of the nation could serve to legitimize or support specific political or social agendas, or to provide people with a point of fixity amidst changing circumstances. The articles in this volume trace these aspects of national consciousness in the case of a single country: The Netherlands.
Disputation by Decree
Prevailing scholarly analysis of the public disputations between D.V. Coornhert (1522-1590) and Dutch Reformed ministers is firmly rooted in a principled view of early modern tolerance. This study proposes a new point of departure, which involves breaking away from a Coornhert-centred reading of the debates in Leiden and the Hague, while focusing on the formal status of these disputations instead. Government support of the Reformed Church proved the backbone of these illuminating ‘disputations by decree’. The public legitimization of the Reformed Church – a goal with both political and theological significance – was at stake. As a micro-history of two very unique occasions in Dutch history, this study sheds new light on the complex development of political and religious argument in the early phase of the Dutch Revolt.
Recent Acquisitions
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