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The Alexy-Poscher Debate on Legal Principles
This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher. The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexy's principles theory, which has initially defined 'legal principles' as optimisation requirements, currently argues that they express an 'ideal ought'. Poscher's critique challenges the soundness of Alexy's principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional righ...
Conceptions of Data Protection and Privacy
This open access book offers a clear understanding of the core concepts of data protection and privacy, exploring their social value through European and North American legal perspectives, political struggles, and the impact of the AI revolution. Featuring prominent experts and emerging scholars, the book presents diverse understandings to showcase the multifaceted interests and values embedded in the concepts of data protection and privacy. It links philosophical and legal perspectives on privacy to historical and contemporary rights struggles, including those of African Americans, feminists, and queer people. The book also addresses privacy challenges posed by the digital revolution, parti...
Concepts in Law
During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questi...
Statutory Interpretation
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Interpretivism and the Limits of Law
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Abuse of Fundamental Rights
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable menti...
Global Interdependence
Global Interdependence provides a new account of world history from the end of World War II to the present, an era when transnational communities began to challenge the long domination of the nation-state. In this single-volume survey, leading scholars elucidate the political, economic, cultural, and environmental forces that have shaped the planet in the past sixty years. Offering fresh insight into international politics since 1945, Wilfried Loth examines how miscalculations by both the United States and the Soviet Union brought about a Cold War conflict that was not necessarily inevitable. Thomas Zeiler explains how American free-market principles spurred the creation of an entirely new e...
Research Methods in International Law
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Friedrich Waismann
This edited collection covers Friedrich Waismann's most influential contributions to twentieth-century philosophy of language: his concepts of open texture and language strata, his early criticism of verificationism and the analytic-synthetic distinction, as well as their significance for experimental and legal philosophy. In addition, Waismann's original papers in ethics, metaphysics, epistemology and the philosophy of mathematics are here evaluated. They introduce Waismann's theory of action along with his groundbreaking work on fiction, proper names and Kafka's Trial. Waismann is known as the voice of Ludwig Wittgenstein in the Vienna Circle. At the same time we find in his works a determined critic of logical positivism and ordinary language philosophy, who anticipated much later developments in the analytic tradition and devised his very own vision for its future.
Privacy and Power
This book documents and explains the differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering.
