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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 Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s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...
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.
The Law in Philosophical Perspectives
In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method...
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.
Legal Reductionism and Freedom
Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
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 ...
Proceedings of the 21st IVR World Congress, Lund, Sweden, 12-17 August, 2003: Justice
Selected Articles B. McLachlin: Imagining the Other: Legal Rights and Diversity in the Modern World A. R. Bernstein: Rawls' Law of Peoples on Just War, Human Rights and Toleration C. Brown: Decent Peoples, Outlaw States, Burdened Societies Kok-chor Tan: Nationalism and Cosmopolitanism in The Law of Peoples A. Macleod: Rawls on Human Rights D. A. Reidy: Rawls on Global Economic Justice I. Trujillo: How Can the International Duty of Assistance Be Justified F. J. Blazques Ruiz: Derechos humanos, Globalizacion, Migraciones J. A Baker: The Conceptual Geography of Restorative Justice H. Khatchadourian: Compensation & Reparation as Forms of Compensatory Justice R. Madrid: Deconstruction and Universality of Law B. Bravo Lira: Fortdauer und Problematik des Rechtsstaats in Iberoamerika R. Tamayo: Rights, Distribution, and Access to Justice I. B. Flores: Assessing Democracy and Rule of Law: Access to Justice R. Vazquez: On Equality and Education S. Morimura: The Nature of Obligation to Future Generations F. Fernandez-Creuhet Lopez: Good Practice: a Critical View M. J. Falcon y Tella: The Presumption of Innocence and Civil Disobedience C. B. Gray: Two Visions of Equality a.o.
