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Theo-Politics?
Using the theological work of Karl Barth as a resource for present-day inquiry, the contributors in this volume discuss the complex interconnections between the religious and the political designated by the term theo-politics. Speaking from various political and cultural contexts (Germany, the United Kingdom, the United States, Hong Kong, Taiwan, and the People’s Republic of China) and different disciplinary perspectives (Protestant Theology, Political Sciences, and Sociology), the contributors address contemporary challenges in relating the religious and the political in Western and Asian societies. Topics analyzed include the impact of diverse cultural backgrounds on given theo-political...
The Cambridge Companion to the Rule of Law
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
The Remnants of the Rechtsstaat
This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
The Authority of Law in the Hebrew Bible and Early Judaism
In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom identifies a development in the authority of written law that took place in early Judaism. Ever since Assyriologists began to recognize that the Mesopotamian law collections did not function as law codes do today—as a source of binding obligation—scholars have grappled with the question of when the Pentateuchal legal corpora came to be treated as legally binding. Vroom draws from legal theory to provide a theoretical framework for understanding the nature of legal authority, and develops a methodology for identifying instances in which legal texts were treated as binding law by ancient interpreters. This method is applied to a selection of legal-interpretive texts: Ezra-Nehemiah, Temple Scroll, the Qumran rule texts, and the Samaritan Pentateuch.
The EU's Conceptualisation of the Rule of Law in its External Relations
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Governing Cross-Border Data Flows
Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concret...
General Principles of Law - The Role of the Judiciary
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on t...
Legitimacy and International Courts
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Fair and Equitable Treatment and the Rule of Law
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
