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Alan Gewirth's Reason and Morality, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and clarifies its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction o...
Essays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
These specially commissioned essays by prominent lawyers and philosophers analyse a range of approaches to legal authority beyond the state.
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Advances in human genetics are set to revolutionise the way we think about our health. Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies and considers how the English tort regime might respond to these grievances.
This volume puts forward a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses.
Recent years have seen social justice emerge as a powerful driver for work, both in law schools and the legal services sector. However, questions remain about how that term is understood and given meaning within the legal academy and beyond. This edited collection explores the meanings that have emerged and might subsequently be developed, together with a practical exploration of projects that have sought to bring the social justice agenda to life in law schools and in communities around the world. Over the course of eighteen chapters, this volume engages with a range of social justice and legal education themes, including clinical legal education, innocence projects, access to justice, cause lawyering, LGBTQ identities, and sustainability in law schools. In addition, it also explores themes of ethics and values in contemporary legal education in Africa, Australia, North America, and the UK.
Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.
The world of education has undergone major changes within the last year that have pushed online instruction to the forefront of learning. Thanks to the COVID-19 pandemic, online learning has become paramount to the continued and uninterrupted teaching of students and has forced students and teachers alike to adjust to an online learning environment. Though some have already returned to the traditional classroom, or plan to very soon, others have begun to appreciate the value of online education – initiatives that had previously been discussed but never acted upon as they have been in the past year. With plenty of positive and negative aspects, online learning is a complex issue with numero...