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  • MPI Ethno. Forsch.  (7)
  • MFK München
  • Dordrecht : Springer  (7)
  • Ann Arbor, Michigan : ProQuest
  • Philosophy of Law  (7)
  • Law  (7)
  • Biology
Datasource
  • MPI Ethno. Forsch.  (7)
  • MFK München
Material
Language
Years
Publisher
  • Dordrecht : Springer  (7)
  • Ann Arbor, Michigan : ProQuest
Subjects(RVK)
  • 1
    ISBN: 9781402038426
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    DDC: 341.2422
    RVK:
    Keywords: Law ; Philosophy of Law ; Political Science ; Comparative law ; Public law ; Political science ; Aufsatzsammlung ; Osteuropa ; Europäische Union ; Demokratisierung ; Erweiterung ; Politischer Wandel ; Europäische Union ; Erweiterung ; Osteuropa ; Ostmitteleuropa ; Südosteuropa ; Demokratisierung ; Rechtsstaatsprinzip ; Konstitutionalismus
    Abstract: "The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the ""external force"" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?"
    Description / Table of Contents: Introduction; EU Enlargement and Democracy in New Member States; The Eastern EU Enlargement and the Janus-headed Nature of the Constitutional Treaty; A Problem of their Own, Solutions of their Own: CEE Jurisdictions and the Problems of Lustration and Retroactivity; Citizens and Foreigners in the Enlarged Europe; Sub-National Governance in Central and Eastern Europe: Between Transition and Europeanization; The Copenhagen Criteria and the Evolution of Popular Consent to EU Norms: From Legality to Normative Justifiability in Poland and the Czech Republic
    Description / Table of Contents: Becoming "Europeans": The Impact of EU "Constitutionalism" on Post-Communist Pre-ModernityHappy Returns to Europe? The Union's Identity, Constitution-Making, and its Impact on the Central European Accession States; An Evolutionary Approach to the Constitutionalism of an Enlarged EU: Why will Cognitive and Cultural Boundaries Matter?; Constitutional Tolerance and EU Enlargement: The Politics of Dissent?; Europeanization Through Judicial Activism? The Hungarian Constitutional Court's Legitimacy and the "Return to Europe"
    Description / Table of Contents: Barbarians ante portas or the Post-Communist Rule of Law in Post-Democratic European UnionTransformation and Integration of Legal Cultures and Discourses-Poland; EU Enlargement and the Constitutional Principle of Judicial Independence; Post-Communist Legal Orders and the Roma: Some Implications for EU Enlargement; A Europe of Variable Geometry: Still a Winning Model?; Conclusions: The Adhesion of New Member States to the European Union and the European Constitution
    Note: Includes bibliographical references , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 2
    ISBN: 9781402041549
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    DDC: 362.734
    RVK:
    Keywords: Law ; Philosophy of Law ; Social Policy ; Social Work ; Public law
    Abstract: "The Politics of Adoption identifies and analyses the fundamental social and legal functions of adoption. It is a timely publication as across the world adoption law reform is now giving rise to contentious issues. The change process underway in England and Wales offers an opportunity and a perspective to explore areas of commonality and difference in the experience of other nations. It also provides a window through which to examine the presumption that within and between cultures there exists a common understanding of what is meant by adoption. This book offers a comparative analysis of developments in the law, policy and practice of adoption in England and Wales, the US, Australia and Ireland. It explores the global phenomenon of intercountry adoption. The impact of the European Convention and other international legal instruments are assessed and the resulting implications for the future of adoption are considered. It suggests that the more 'open' experience of adoption in indigenous communities such as the Maori of New Zealand, the Aboriginal people of Australia and the Inuit of Canada challenges some of the basic assumptions underpinning adoption law in modern western nations. ""This is an excellent publication for those wanting to get an international perspective on the politics of adoption. It is authoritative and greatly informative."" Professor John Triseliotis ""Kerry O'Halloran's Politics of Adoption provides a comprehensive and thoughtful overview of adoption law, both domestic and international, in the common law world. It is an invaluable resource not only for practitioners and scholars but for anyone interested in acquiring an in depth understanding of adoption in all its forms and complexity."" Barbara Bennett Woodhouse, David H. Levin Chair in Family Law, Director, Center on Children and Families Fredric G. Levin College of Law Co-Director, Institute for Child and Adolescent Research and Evaluation (ICARE) Gainesville, Florida."
    Description / Table of Contents: Preliminaries; CONTENTS; Introduction; 1 Adoption Concept Principles and Social Construct; 2 The Changing Face of Adoption in the United Kingdom; 3 The Legal Functions of Adoption; 4 International Benchmarks for Modern Adoption Law; 5 The Adoption Process in England & Wales: The Adoption and Children Act 2002; 6 The Adoption Process in Ireland; 7 The Adoption Process in the US; 8 The Adoption Process in Australia; 9 Intercountry Adoption; 10 Intraculture Adoption; Conclusions; Index
    Note: Includes bibliographical references and index , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 3
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9781402049194
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 77
    DDC: 342.085
    RVK:
    Keywords: Philosophy of Law ; Public Law ; Philosophy (General) ; Law Philosophy ; Comparative law ; Philosophy, modern ; Aufsatzsammlung ; Grundrecht ; Rechtstheorie
    Abstract: Erik Oddvar Eriksen
    Abstract: Explores the path-breaking Theory of Constitutional Rights of Robert Alexy. This work combines the critical analysis of the structural elements of Alexy's theory with an assessment of its applied relevance, with special attention being paid to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union
    Description / Table of Contents: Discourse Theory and Fundamental Rights; Fundamental Rights Principles: Disciplining the Instrumentalism of Policies; Nine Critiques to Alexy's Theory of Fundamental Rights; Democratic or Jurist-Made Law?; On Alexy's Weight Formula; Who's Afraid of the Total Constitution?; Fundamental Rights in the UK Human Rights Act; Some Elements of a Theory of European Fundamental Rights; The Work of Robert Alexy
    Note: Includes bibliographical references and index , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 4
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9781402049392
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and philosophy library v. 78
    DDC: 340.11
    RVK:
    Keywords: Law ; Logic ; Philosophy of Law ; Social sciences Philosophy ; Law Philosophy ; Rechtstheorie
    Abstract: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
    Abstract: Attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. This book contains essays that seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law
    Description / Table of Contents: Controversy over Legal Method in the Nineteenth and Twentieth Centuries; Logic; Analysis; Argumentation; Hermeneutics; Methods of Legal Reasoning from a Postmodern Perspective
    Note: Revised and enlarged ed. of Metody Prawnicze, published in Polish. Kracow : Zakamyze Pub., 2004 , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 5
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9781402041051
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 74
    DDC: 170
    RVK:
    Keywords: Ethics ; Philosophy of Law ; Philosophy (General) ; medicine Philosophy ; Technology Philosophy ; Political science Philosophy ; Angewandte Ethik ; Dilemma ; Recht
    Abstract: OVADIA EZRA
    Abstract: Aims to supply ways of thinking of, and dealing with, the ins and outs of ethical argument. Applied ethics is that intellectual locale where theory meets praxis. This book is designed to make that meeting point explicit, by presenting a series of issues in philosophical formulations
    Description / Table of Contents: CONTENTS; Acknowledgements; Preface; A. INDIVIDUAL RIGHTS AND PUBLIC DUTIES; 1. Privacy and the Public Sphere; 2. The Obligation of the State toward Individuals; 3. Public Security vs. the Right to "Be Let Alone"; 4. Freedom of Expression in Academia and the Media; B. MEDICAL ETHICS; 5. Mercy Death or Killing; 6. Donating or Selling Organs; 7. Genetic Engineering and Reproduction; C. PARENTHOOD AND THE FAMILY; 8. Rights of Relatives and Generations; 9. Procreation after Death; 10. Babies as Commodities; D. PUNISHMENT; 11. Punishment of Sex Offenders; 12. Punishment and Domestic Violence
    Description / Table of Contents: 13. Capital Punishment and the Mentally RetardedIndex
    Note: Includes bibliographical references and index , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 6
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9781402039775
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 73
    RVK:
    Keywords: Ethics ; Philosophy of Law ; Philosophy (General) ; Political science Philosophy ; Rechtsbegriff ; Rechtssubjekt ; Rechtstheorie
    Abstract: What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
    Abstract: What is it to have a right? This book defends an alternative to traditional views, the justified-constraint theory of rights. It also solves the puzzle of the relational nature of rights. It gives a systematic account of an important alternative to the best theories of rights in the literature
    Description / Table of Contents: Rights and Hohfeldian Analysis; Normative Constraints; Deontic and Alethic Concepts; The Relational Nature of Rights; Rights, Reasons, and Persons; Rights Conflict; Right Holders: Present; Right Holders: Past and Future; A Final Comparison
    Note: Includes bibliographical references (p. 245-248) and index , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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  • 7
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9781402029943
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 68
    RVK:
    Keywords: Philosophy of Law ; Humanities ; Law Philosophy ; Macht ; Einfluss
    Abstract: "This book will be of interest to legal, political and other social theorists/philosophers. Unique in its topics as well as in its approach, the book takes substantial steps towards answering essential questions about political influence. It analyses the concepts of social, political and legal power with a view towards arriving at an adequate and theoretically relevant distinction between power and influence. This volume contains an extensive overview and critical assessment, explores the conceptual relationship between freedom and power, assesses the distinctions made in existing scholarship between power and influence, presents the author's own proposal for a definition of influence as opposed to power, combines insights from political theory, legal philosophy and the general theory of norms, is densely argued, yet accessible to all interested readers without any prerequisite of special prior knowledge, is transparently structured, written in a clear style, avoiding social-scientific jargon and using ordinary language. ""Exact but not exacting, this is a fine work of overview and analysis, it makes an excellent contribution to the literature on power and freedom."" Philip Pettit, William Nelson Cromwell Professor of Politics, Princeton University ""In this work, the author assumes the task of a 'logical clean-up' - an extremely valuable contribution to the promotion of scientific rigour and clarity in political scholarship."" [This book] ""gives the reader orientation in a conceptual jungle."" [It is] ""an excellent analysis of the relationships between normative and social power."" Ernesto Garzón Valdés, Prof. em. of Legal Philosophy, President of The Tampere Club ""A genuinely pioneering contribution insofar as the author - to my knowledge: for the first time ever - succeeds in giving a conceptually rather clear profile to a descriptive-analytic and normative understanding of the phenomenon of influence and in elucidating - again, by way of thorough and profound analysis - that this is much more than an academic glass-bead game, because our understanding of such essential normative foundations of political theory as freedom and equality is inextricably linked to the concepts of power and influence, and because this is the only way how we can come to see the fundamental obstacles to a coherent interpretation and institutional realization of the idea of the democratic Rechtsstaat."" Rainer Schmalz-Bruns, Prof. of Political Theory, Darmstadt University of Technology"
    Description / Table of Contents: Introduction; The Concept of Power; The Concept of Influence; Power and Freedom; Social Power and Legal Power; Influence and Power: A Mess Transformed?
    Note: Includes bibliographical references (p. 275-297) and index , Electronic reproduction; Available via World Wide Web
    URL: Volltext  (lizenzpflichtig)
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