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Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Content: Michael Zander: The Austin Lecture: Reform of the Criminal Justice System: The Report of the Runciman Royal Commission T.R.S. Allan: The Concept of Fair Trial Gerry Maher: Dialogue and the Criminal Process Richard H. S. Tur: Lawyers' Ethics and Criminal Justice John Jackson: The Value of Jury Trial Mark Ockleton: Rules of Evidence Susan Easton: The Right to Silence and the Pursuit of Truth Celia Wells: What Runciman Didn't Say Michael A. Heather: The Revival Arbitration as a Post-modern Solution to Problems in the Criminal Justice System. (Franz Steiner 1995)
This book presents both a new theoretical framework for the criminalisation of hate, referred to as “law as social justice liberalism”, and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book set...
Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Matthias Klatt is Professor for Public Law, EU Law, Public International Law, and Jurisprudence at the University of Hamburg. --Book Jacket.
Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.