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Habitual Ethics?
Just like other experts, members of the professions develop their craft thanks to a deep internalisation of both complex cognitive structures and a mix of habits and intuitive understandings. These non-cognitive aspects of expertise can be what distinguishes the merely competent from the truly brilliant. Yet habits can also be what makes us blind to important features of the world we inhabit. In the life of a professional, these features include the vulnerability of those seeking her services, which in turn grounds the professional's particular ethical responsibility. This book develops an in-depth account of habit to understand its impact upon the way moral decisions are made in a professio...
Legal Norms and Normativity
This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. ...
Between Ordinary and Extraordinary
What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present essay engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). In this essay Angela Condello argues that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, and needs.
Reflections on Artificial Intelligence for Humanity
We already observe the positive effects of AI in almost every field, and foresee its potential to help address our sustainable development goals and the urgent challenges for the preservation of the environment. We also perceive that the risks related to the safety, security, confidentiality, and fairness of AI systems, the threats to free will of possibly manipulative systems, as well as the impact of AI on the economy, employment, human rights, equality, diversity, inclusion, and social cohesion need to be better assessed. The development and use of AI must be guided by principles of social cohesion, environmental sustainability, resource sharing, and inclusion. It has to integrate human r...
Research Handbook on Legal Evolution
Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Life and the Law in the Era of Data-Driven Agency
This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, leading scholars in law, philosophy, computer science and politics examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice.
Law as a Leap of Faith
How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, rev...
The Nature of International Law
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
The Rule of Law
By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&
Sovereignty and the Limits of International Law
The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on ...
