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A Real Mind
This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can...
DiaLaw
This book is a revised version of my dissertation 'DiaLaw - on legal th justification and dialog games' that I defended on June 5 1998 at the Universiteit Maastricht. The chapters 1, 4 & 5 (now: 1, 5 & 6) of my dissertation have remained largely unaltered. In chapter 2 I added explicitly the distinction between constructing legal justification and reconstructing it, and tried to elucidate the differences (and similarities) between the product and process of justification. Chapter 3 is divided into two chapters: one on the general characteristics of DiaLaw (now: chapter 3), and the other on specific, legal characteristics of DiaLaw (now: chapter 4). In order to improve readability, all rules ...
International justice and interpretation
The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.
The Philosophy of Law
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
Ars Interpretandi / Vol.5
" The 2000 issue of the Yearbook deals with the concept of translation. From the perspectives of philosophy of language, theology, comparative law and jurisprudence, such a notion is here addressed both in itself and in its many-sided relationships with the concept of interpretation. Schwerpunkt von Ars Interpretandi 2000 ist das Problem der Ubersetzung. Aus den Perspektiven von Sprachphilosophie, Theologie, Vergleichsrecht und Rechtstheorie wird dieser Begriff sowohl in sich selbst als auch in seinen mehrseitigen Zusammenhang mit Auslegung untersucht. Mit Beitr gen von: /Contributors: Giovanna Borradori; Donald Davidson; Gerard Rene de Groot; Winfried Hassemer; Domenico Jervolino; Tecia Mazzarese; Gianfranco Ravasi; Paul Ricoeur; Rodolfo Sacco; John R. Searle; Michael Walzer; Jerzy Wroblewski "
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.
Groups, Rules and Legal Practice
Ever since Hart ́s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials ́ beliefs that they are under a duty qua members of an institution, and they do not explain officials ́ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials ́ beliefs in institutional duties, and officials ́ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.
Transformative Constitutionalism in Latin America
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross nat...
The Concept of Rights
What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
Pluralism and Law
Contents: Arend Soeteman: Introduction - Edmund Abegg: Justice and the Intrinsic Value of Humans - Caridad Velarde: Universalism in Contemporary Human Rights Theory - Marijan Pavcnik: Gleichheit als rechtlicher Kern der Gerechtigkeit, Gerechtigkeitsma�st�be und Recht - Jos� Rubio-Carracedo: Differentiated Universalization of Human Rights - Ashok Gaur: Human Rights: Dimensions and Challenges - Martin Borowski: Religious Freedom as a Fundamental Legal Right, A Rawlsian Perspective - J�rg Paul Mueller: Is freedom of conscience still a topic? - Burton M. Leiser: The Right to Immigrate and the Right to Exclude Immigrants - J.W. Harris: Rights and Resources - Libertarians and the Right to ...
