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  • 1
    Online Resource
    Online Resource
    Philosophical Dimensions of Human Rights : Some Contemporary Views (2012)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400723764
    Language: English
    Pages: Online-Ressource (XXIX, 319p. 1 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Philosophical dimensions of human rights
    RVK:
    PR 2213
    RVK:
    CC 7500
    RVK:
    CC 7600
    RVK:
    CC 7620
    Keywords: Philosophy (General) ; Ethics ; Philosophy of law ; Political science Philosophy ; Philosophy ; Philosophy (General) ; Ethics ; Philosophy of law ; Political science Philosophy ; Human rights ; Philosophy ; Aufsatzsammlung ; Menschenrecht ; Rechtsphilosophie
    Abstract: This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized arou
    Abstract: This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy. Different intellectual traditions are brought together to explore some of the core postmodern issues challenging standard justifications. Widely accessible also to non experts, contributions aim at opening new perspectives on the state of the art of the philosophy of human rights. This makes this book particularly suitable to human rights experts as well as master and doctoral students. Further, while conceived in a uniform and homogeneous way, the book is internally organized arou
    Description / Table of Contents: Philosophical Dimensionsof Human Rights; Acknowledgements; Contents; Contributors; Introduction; Part I: Historical and Philosophical Perspectives on Human Rights; Chapter 1: Human Rights in History and Contemporary Practice: Source Materials for Philosophy; 1.1 When Were "Human Rights" Invented?; 1.2 How Should Philosophers View the History of Human Rights?; References; Chapter 2: Philosophy and Human Rights: Contemporary Perspectives; 2.1 Introduction; 2.2 Skeptical Challenges; 2.2.1 Positivist Skepticism; 2.2.2 Relativist Skepticism; 2.2.3 Realist Skepticism; 2.2.4 Theological Skepticism
    Description / Table of Contents: 2.3 Recent Philosophical Work on Human Rights2.3.1 John Rawls; 2.3.2 William Talbott; 2.3.3 James Griffin; 2.4 Conclusion; References; Chapter 3: Reconsidering Realism on Rights; 3.1 Against Cosmopolitan Caricature; 3.2 Will the Real Realists Please Stand Up?; 3.3 Realism on Rights: A Second Look; 3.4 Realism Against Human Rights or: How Realism Went Wrong; 3.5 Conclusion; References; Part II: The Validit-(ies) of Human Rights; Chapter 4: The Concept of Human Dignity and the Realistic Utopia of Human Rights; I; II; III; References
    Description / Table of Contents: Chapter 5: The Justification of Human Rights and the Basic Right to Justification. A Reflexive Approach*I; II; III; IV; V; VI; VII; VIII; IX; X; References; Chapter 6: Social Harm, Political Judgment, and the Pragmatics of Justification; 6.1 Justice Versus Fairness; 6.2 Justice, Judgment, Justification; 6.3 The Problem of Validity; 6.4 On the Pragmatics of Justification; 6.5 Emancipation Through Deliberation?; 6.6 Conclusion; References; Chapter 7: "It All Depends": The Universal and the Contingent in Human Rights; 7.1 Intolerance, Paternalism, and Human-Rights Universalism
    Description / Table of Contents: 7.1.1 Forms of Human-Rights Expansionism7.1.2 The Problem of Defective Representation; 7.1.3 Intolerance and Paternalism; 7.2 Universalism Mediated by Contingency; 7.2.1 The Right Not to Be Discriminated Against; 7.2.2 A Right to Outrageous Speech; 7.2.3 Extra-Political Articulation of Rights; 7.3 Conclusions; References; Chapter 8: Tiny Sparks of Contingency. On the Aesthetics of Human Rights; 8.1 The Unloading Ramp at Auschwitz; 8.2 Neda and the New Law on Earth; 8.3 Visual Iterations; 8.4 Injurable Lives; References; Chapter 9: The Idea of a Charter of Fundamental Human Rights
    Description / Table of Contents: 9.1 The Function and Structure of Legal Sources for Human Rights9.2 Defending a Charter of Fundamental Human Rights Against Frequent Objections; 9.3 The Philosophical Basis of the New Charter of Fundamental Human Rights; 9.4 Concluding Remark; References; Part III: Democracy and Human Rights; Chapter 10: Is There a Human Right to Democracy? Beyond Interventionism and Indifference*; 10.1 Human Rights in Contemporary Discourse; 10.2 A Discourse-Theoretic Account of Human Rights; 10.3 Moral Rights versus Legal Entitlements. A Critique of Nussbaum and Sen
    Description / Table of Contents: 10.4 Cohen and the Human Right to Democracy
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-2376-4
    URL: Volltext
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  • 2
    Online Resource
    Online Resource
    Interpretation of Law in the Age of Enlightenment : From the Rule of the King to the Rule of Law (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400715066
    Language: English
    Pages: Online-Ressource (XXVI, 118p, digital)
    Series Statement: Law and Philosophy Library 95
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Interpretation of law in the Age of Enlightenment
    RVK:
    PI 2670
    Keywords: Philosophy (General) ; Philosophy of law ; Law Philosophy ; Law History ; Regional planning ; Political science ; Philosophy ; Philosophy (General) ; Philosophy of law ; Law Philosophy ; Law History ; Regional planning ; Political science ; Law ; Interpretation and construction ; History ; 18th century ; Judicial process ; Europe ; History ; 18th century ; Rechtsphilosophie ; Geschichte
    Abstract: This is a collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead
    Description / Table of Contents: pt. 1. Introduction -- pt. 2. The case of France -- pt. 3. The case of Germany -- pt. 4. The nature of legal interpretation -- pt. 5. Concluding remarks.
    Note: Includes bibliographical references and indexes
    DOI: 10.1007/978-94-007-1506-6
    URL: Volltext
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    URL: Umschlagbild
    URL: Inhaltsverzeichnis
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    URL: Volltext
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  • 3
    Online Resource
    Online Resource
    The Growing Gap Between Emerging Technologies and Legal-Ethical Oversight : The Pacing Problem (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400713567
    Language: English
    Pages: Online-Ressource (XXXI, 212p. 1 illus, digital)
    Series Statement: The International Library of Ethics, Law and Technology 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. The growing gap between emerging technologies and legal-ethical oversight
    RVK:
    CC 8700
    Keywords: Philosophy (General) ; Ethics ; Philosophy of law ; Technology Philosophy ; Artificial intelligence ; Engineering ; Philosophy ; Philosophy (General) ; Ethics ; Philosophy of law ; Technology Philosophy ; Artificial intelligence ; Engineering ; Technological innovations ; Moral and ethical aspects ; Technological innovations ; Law and legislation ; Künstliche Intelligenz ; Innovation ; Technik ; Recht ; Ethik ; Moral
    Abstract: At the same time that the pace of science and technology has greatly accelerated in recent decades, our legal and ethical oversight mechanisms have become bogged down and slower. This book addresses the growing gap between the pace of science and technology and the lagging responsiveness of legal and ethical oversight society relies on to govern emerging technologies. Whether it be biotechnology, genetic testing, nanotechnology, synthetic biology, computer privacy, autonomous robotics, or any of the other many emerging technologies, new approaches are needed to ensure appropriate and timely re
    Description / Table of Contents: Foreword; Acknowledgements; Introduction: Why Law and Ethics Need to Keep Pace with Emerging Technologies; References; Contents; Contributors; Part I The ``Pacing Problem''; 1 Governance and Technology Systems: The Challenge of Emerging Technologies; 1.1 Introduction: The Power of Technology Systems; 1.2 The Five Horsemen of Emerging Technologies; 1.3 Technology, Complexity and Earth Systems Engineering and Management; 1.4 Conclusion; References; 2 The Growing Gap Between Emerging Technologies and the Law; 2.1 Accelerating Technology
    Description / Table of Contents: 2.1.1 Pace of Law vs. Pace of Science and Technology: Can Law Stay Current?References; 3 Ethical Challenges of Emerging Technologies; 3.1 Humanoid Robotics; 3.2 Pervasive Computing; 3.3 Are Emerging Technologies Unique?; 3.4 Who Should Do the Ethics?; 3.5 Microethics and Macroethics in Engineering; 3.6 Ethicists and Emerging Technologies; 3.7 Conclusion; References; Part II Oversight Dynamics for Emerging Technologies; 4 Public Policy on the Technological Frontier; 4.1 Change the Metaphor; 4.2 Embed an Early Warning System; 4.3 Track the Known Unknowns; 4.4 Focus on Bad Practices
    Description / Table of Contents: 4.5 Get the Right People to the Frontier4.6 Develop and Implement a Learning Strategy; 4.7 Conclusion; References; 5 Software Agents, Anticipatory Ethics, and Accountability; 5.1 Introduction; 5.2 Making Room for Anticipatory Ethics; 5.3 Anticipating Software Agents: An Argument for Moral Ontology; 5.3.1 The Argument; 5.3.2 Anticipating Accountability; 5.4 Anticipating Software Agents: The Counterarguments; 5.4.1 The Concern Is Premature; 5.4.2 Software Agents Are Autonomous; 5.5 Conclusion; References; 6 Sui Generis Rules; 6.1 Introduction
    Description / Table of Contents: 6.2 Sui Generis Rules: Special Laws for Special Circumstances6.3 Sui Generis Rules and Other Dichotomies; 6.4 Why Employ Sui Generis Rules?; 6.5 Dangers of Sui Generis Rules; 6.5.1 The Problem of Completeness; 6.5.2 The Problem of Administrative Costs; 6.5.3 The Problem of Technological Change; 6.5.4 The Problem of Politics; 6.6 Weighing It Up; 6.7 Tailoring Within Broad Category; 6.8 Technology Neutral Sui Generis Rules; 6.9 Conclusion; References; 7 Anticipatory Governance of Emerging Technologies; References; Part III A Toolbox of Solutions
    Description / Table of Contents: 8 Pacing Science and Technology with Codes of Conduct: Rethinking What Works8.1 Introduction; 8.2 Some Preliminary Points; 8.3 Codes and Biological Weapons: Expectations and Transformations; Box 8.1 Proposals for Biosecurity Codes; A Hippocratic Oath for Scientists?; Uniting Around a Restricting Code?; A Universal Code?; 8.4 What Has Been Accomplished?; 8.4.1 Codes As Exercises in Deferral; 8.4.2 Follow Through?; 8.5 Reframings; 8.6 Evaluating the Process; Box 8.2 Meetings About Codes in the British Foreign Office; 8.7 A Disruption; 8.8 A Reconsideration; 8.9 Conclusions
    Description / Table of Contents: 9 An International Framework Agreement on Scientific and Technological Innovation and Regulation
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-1356-7
    URL: Volltext
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    URL: Cover
    URL: Inhaltsverzeichnis
    URL: Volltext
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  • 4
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    Online Resource
    Arguments, Stories and Criminal Evidence : A Formal Hybrid Theory (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400701403
    Language: English
    Pages: Online-Ressource (X, 292p. 109 illus, digital)
    Series Statement: Law and Philosophy Library 92
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. Bex, Floris J. Arguments, stories and criminal evidence
    RVK:
    PI 3020
    Keywords: Philosophy of law ; Criminal Law ; Law ; Law ; Philosophy of law ; Criminal Law ; Law Psychological aspects ; Hochschulschrift ; Strafrecht ; Rechtsphilosophie
    Abstract: In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.
    Description / Table of Contents: Reasoning with Criminal EvidenceTwo Approaches to Reasoning with Evidence: Arguments and Stories -- A Hybrid Theory of Stories and Arguments -- A Formal Logical Hybrid Theory of Argumentation and Explanation -- Case Study: Murder in Anjum -- Related Research on Reasoning with Criminal Evidence.
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-0140-3
    URL: Volltext
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  • 5
    Online Resource
    Online Resource
    Moral Responsibility : Beyond Free Will and Determinism (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400718784
    Language: English
    Pages: Online-Ressource (VI, 254p. 2 illus, digital)
    Series Statement: Library of Ethics and Applied Philosophy 27
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Moral responsibility
    RVK:
    CC 7200
    RVK:
    PI 3580
    Keywords: Philosophy (General) ; Ethics ; Philosophy of law ; medicine Philosophy ; Philosophy of mind ; Philosophy ; Philosophy (General) ; Ethics ; Philosophy of law ; medicine Philosophy ; Philosophy of mind ; Responsibility ; Free will and determinism ; Aufsatzsammlung ; Konferenzschrift 2009 ; Moralische Verantwortung
    Abstract: It is well over a decade since John Fischer and Mark Ravizza - and before them, Jay Wallace and Daniel Dennett - defended responsibility from the threat of determinism. But defending responsibility from determinism is a potentially endless and largely negative enterprise; it can go on for as long as dissenting voices remain, and although such work strengthens the theoretical foundations of these theories, it won't necessarily build anything on top of those foundations, nor will it move these theories into new territory or explain how to apply them to practical contexts. To this end, the papers
    Description / Table of Contents: Contents; Contributors; 1 Introduction; 1.1 Beyond Free Will and Determinism; References; 2 A Structured Taxonomy of Responsibility Concepts; 2.1 Introduction; 2.2 Six Concepts1; 2.3 Relations Between These Six Responsibility Concepts7; 2.3.1 Outcome Responsibility from Causal and Role Responsibility; 2.3.2 Capacity Responsibility to Causal and Role Responsibility; 2.3.3 Liability Responsibility from Outcome and Virtue Responsibility; 2.3.4 Norm Setting and Substantive Evaluations; 2.4 The Utility of the STRC; 2.4.1 Fifteen Sources of Disputes About Responsibility
    Description / Table of Contents: 2.4.2 A Procedure for Resolving Disputes About Responsibility2.5 The STRC in Action; 2.5.1 Luck Egalitarianism; 2.5.2 Law Suits; 2.6 Conclusion; References; 3 The Relation Between Forward-Looking and Backward-Looking Responsibility; 3.1 Introduction; 3.2 Notions of Responsibility; 3.3 Responsibility as a Relational Concept; 3.4 The Relation Between Forward-Looking and Backward-Looking Responsibility: A Suggestion; 3.5 Blameworthiness; 3.6 Accountability; 3.7 Conclusions; References; 4 Beyond Belief and Desire: or, How to Be Orthonomous; 4.1 Introduction
    Description / Table of Contents: 4.2 Beyond the Standard Belief-Desire Account of the Explanation of Action4.3 The Nature of Responsibility; 4.4 Implications; References; 5 Blame, Reasons and Capacities; 5.1 Introduction; 5.2 The CO Condition; 5.3 Capacities and Possible Worlds; 5.4 An Example; 5.5 Conclusion; References; 6 Please Drink Responsibly: Can the Responsibility of Intoxicated Offenders Be Justified by the Tracing Principle?; 6.1 Introduction; 6.2 Components of Criminal Liability: Elements of a Crime; 6.3 Responsibility, Liability and Defences; 6.4 Voluntary or Self-Induced Intoxication
    Description / Table of Contents: 6.5 The Fault of Intoxication6.6 What Makes Intoxication Voluntary or Self-Induced?; References; 7 The Moral Significance of Unintentional Omission: Comparing Will-Centered and Non-will-centered Accounts of Moral Responsibility; 7.1 Introduction; 7.2 Moral Blameworthiness and Unintentional Omission; 7.3 Volitionalism; 7.4 Problems with the Volitionalist's Use of the Tracing Strategy; 7.5 Choosing Between Volitionalism and Non-will-centered Approaches; 7.6 Conclusion; References; 8 Desert, Responsibility and Luck Egalitarianism; 8.1 Desert and Responsibility; 8.1.1 Desert: The Basics
    Description / Table of Contents: 8.1.2 Feinberg and Rawls8.1.3 Against the Responsibility View; 8.1.4 The Concept of Desert; 8.1.5 Conclusion; 8.2 Desert and Luck Egalitarianism; 8.2.1 How to Determine the Consequences One Is Liable For; 8.2.2 How to Derive Liability Responsibility from Outcome Responsibility; 8.2.3 Two Questions or One?; 8.2.4 Luck Egalitarianism; 8.3 Conclusion; References; 9 Communicative Revisionism; 9.1 Introduction; 9.2 Justifying Desert in Contractualist Terms; 9.3 Determinism and Theories of Punishment
    Description / Table of Contents: 9.4 Finding a Reasonable Standard for Determining the Mode and Scope of Punishment as Communication
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-1878-4
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  • 6
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    Online Resource
    Essays on the Doctrinal Study of Law (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400716551
    Language: English
    Pages: Online-Ressource (XIV, 222p. 6 illus, digital)
    Series Statement: Law and Philosophy Library 96
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Aarnio, Aulis, 1937 - Essays on the doctrinal study of law
    RVK:
    PC 4700
    Keywords: Philosophy (General) ; Philosophy of law ; Law Philosophy ; Political science ; Philosophy ; Philosophy (General) ; Philosophy of law ; Law Philosophy ; Political science ; Law ; Philosophy ; Rechtsphilosophie
    Abstract: "Essays on the Doctrinal Study of Law" is a summary of the author's 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in "The Rational as Reasonable" (Kluwer 1987) in all of these dimensions. The work
    Description / Table of Contents: pt. 1. Introduction -- pt. 2. The foundations of legal thinking -- pt. 3. Between realism and idealism -- pt. 4. On the doctrinal study of law.
    Note: Includes bibliographical references and indexes
    DOI: 10.1007/978-94-007-1655-1
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  • 7
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    Online Resource
    Law and Democracy in Neil MacCormick's Legal and Political Theory : The Post-Sovereign Constellation (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789048189427
    Language: English
    Pages: Online-Ressource (XXII, 295p, digital)
    Series Statement: Law and Philosophy Library 93
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Law and philosophy library
    Parallel Title: Druckausg. Law and democracy in Neil MacCormick's legal and political theory
    RVK:
    CC 7600
    Keywords: Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Public law ; Europe Economic policy ; Philosophy ; Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Public law ; Europe Economic policy ; Aufsatzsammlung ; MacCormick, Neil 1941-2009 ; Rechtsphilosophie
    Abstract: This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick's work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick's passing. Cast in MacCormick's reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher's work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the 'monolithic' and 'nation-state' centered character of standard legal theories.
    Description / Table of Contents: Acknowledgments; Introduction; The Legal and Political Theory of Neil MacCormick; The Contents of the Book; Contents; Contributors; About the Authors; Part I A Life in Law and Politics; 1 The Cosmopolitan Local; Part II The Seven Big Themes in MacCormick's Legal and Political Theory; 2 MacCormick on MacCormick; Part III The Limits of Law; 3 Juridification from Below: The Dynamics of MacCormick's Institutional Theory of Law; 4 Reform and Tradition: Changes and Continuities in Neil MacCormick's Concept of Law; 5 The Master Rule, Normativity, and the Institutional Theory of Law
    Description / Table of Contents: Part IV Jurisprudence6 Some Reflections on the Relationship Between Law and Morality -- Neil MacCormick's Point of View; 7 Legal Judgment and Moral Reservation; 8 Are We Beyond Sovereignty? The Sovereignty of Processes and the Democratic Legitimacy of the European Union; Part V Legal Argumentation; 9 Coherence and Post-sovereign Legal Argumentation; Part VI The Constitution(s) of the European Union; 10 Legal Pluralism in the European Union; 11 From Constitutional Pluralism to a Pluralistic Constitution? Constitutional Synthesis as a MacCormickian Constitutional Theory of European Integration
    Description / Table of Contents: Part VII Postsovereign Nationalism12 Nation-States vs. Nation-Regions in the Post-sovereign European Polity; 13 Nationalism, Patriotism and Diversity -- Conceptualising the National Dimension in Neil MacCormick's Post-sovereign Constellation; Index;
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-90-481-8942-7
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  • 8
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    Online Resource
    Law, Truth, and Reason : A Treatise on Legal Argumentation (2011)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789400718722
    Language: English
    Pages: Online-Ressource (XV, 290p. 9 illus, digital)
    Series Statement: Law and Philosophy Library 97
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Siltala, Raimo Law, truth and reason
    RVK:
    PI 3020
    Keywords: Philosophy of law ; Law ; Law ; Philosophy of law ; Law Philosophy ; Law ; Methodology ; Law ; Philosophy ; Jurisprudence ; Rechtsphilosophie
    Abstract: This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wroblewski's three ideologies (bound/free/legal and rational) and Makkonen's three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth
    Description / Table of Contents: Acknowledgments; Contents; List of Diagrams; List of Tables; 1 Introduction; 1.1 The Three Ideologies of Judicial Decision-Making by Jerzy Wrblewski; 1.2 The Three Situations of Legal Decision-Making by Kaarle Makkonen; 1.3 The Subject Matter of the Treatise: Legal Argumentation, or How to Construct and Read the Law in a Reasoned Manner; 1.4 The Concept of a Frame of Legal Analysis; 1.5 The Theories of Truth and Legal Analysis; 1.6 The Semantics of Law: Rudolf Carnap's Method of Extension and Intension
    Description / Table of Contents: 2 An Isomorphic Theory of Law: A Relation of Structural Similarity Between the Two Fact-Constellations Compared2.1 Kaarle Makkonen on Legal Isomorphism; 2.2 The Picture Theory of Language in Ludwig Wittgenstein's Tractatus Logico-Philosophicus, as Read in Light of Erik Stenius' Wittgenstein's Tractatus. A Critical Exposition of the Main Lines of Thought; 2.2.1 The Internal Categorial Structure and the External Configuration Structure of Reality; 2.2.2 A Legal Fact-Situation as an Analysed Fact-Situation; 2.3 The Two Requirements Placed on Legal Isomorphism
    Description / Table of Contents: 2.4 The Transition From an Isomorphic Situation to a Situation of Semantic Ambiguity2.5 Legal Isomorphism and Institutional Facts; 2.6 The Semantic Theory of Truth by Alfred Tarski; 2.7 A Critical Evaluation of the Isomorphic Theory of Law; 3 Coherence Theory of Law: Shared Congruence Among Arguments Drawn from the Institutional and Societal Sources of Law; 3.1 Truth As Coherence Among the Sentences of a Scientific Theory; 3.2 In Search for the Concept of Coherence; 3.2.1 A Quantitative Approach: ''The More/Longer/Greater (...), the More Coherent the Theory''
    Description / Table of Contents: 3.2.2 A Qualitative Approach: ''That the Law is Structured by a Coherent Set of Principles About Justice and Fairness and Procedural Due Process...''3.3 The Duhem-Quine Thesis: The Inherently Holistic and Underdetermined Character of a Scientific Theory, and Its Implications for Legal Analysis; 3.4 Towards Partial Coherence in Law; 3.5 The Concept of Coherence Redefined; 3.6 A Critical Evaluation of the Coherence Theory of Law; 4 "Between the Evident and the Irrational": The New Rhetoric and Legal Argumentation Theory; 4.1 The Varieties of Pragmatism and the Law
    Description / Table of Contents: 4.2 The Universal Audience as a Subjective Thought Construct of the Speaker by Cham Perelman4.3 The Realm of Rhetoric and the Quest for Value-Cognitivism; 4.4 The New Rhetoric and Its Alternatives; 5 Philosophical Pragmatism: Law, Judged in Light of Its Social Effects; 5.1 "What, In Short, is the Truth's Cash Value in Experiential Terms?"; 5.2 The Lure of Pragmatism and the Law; 5.3 "These Doctrines Form a System for Inducing People to Behave Efficiently..."
    Description / Table of Contents: 5.4 "Why Efficiency?" and "Is Wealth a Value?" -- A Critical Evaluation of the Economic Analysis of Law, with Brief Comments on the Marxist Theory of Law
    Note: Includes bibliographical references and indexes
    DOI: 10.1007/978-94-007-1872-2
    URL: Volltext
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  • 9
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    The Rule of Law in Comparative Perspective (2010)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789048137497
    Language: English
    Pages: Online-Ressource (X, 210p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 3
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. The rule of law in comparative perspective
    RVK:
    PU 1520
    Keywords: Philosophy of law ; Comparative law ; Constitutional law ; Law ; Law ; Philosophy of law ; Comparative law ; Constitutional law ; Aufsatzsammlung ; Rechtsstaat ; Rechtsvergleich
    Abstract: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
    Abstract: This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics. This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state. TOC:1. An Introduction to the Rule of Law in Comparative Perspective, Mortimer Sellers.- 2. The Rule of Law in Ancient Greek Thought, Fred D. Miller, Jr.- 3. The Liberal State and Criminal Law Reform in Spain, Aniceto Masferrer.- 4. Some Realism about Legal Certainty in the Globalization of the Rule of Law, James R. Maxeiner.- 5. Is Goal-Based Regulation Consistent with the Rule of Law? S.J.A. ter Borg, W.S.R. Stoter.- 6. Reflections on Shakespeare and the Rule of Law, Robert W. Peterson.- 7. America`s Constitutional Rule of Law: Structure and Symbol, Not Substance and Rights, Robin Charlow.- 8. Constitutions without Constitutionalism: The Failure of Constitutionalism in Brazil, Augusto Zimmermann.- 9. Rule of Law, Power Distribution, and the Problem of Faction in Conflict Interventions, Daniel Levine.- 10. The Rule of Law in Transitional Justice: The Fujimori Trial in Peru, Lisa J. Laplante.- 11. The Interaction of Customary Law with the Modern Rule of Law in Albania and Kosova, Genc Trnavci.- 12. Dualism, Domestic Courts, and the Rule of International Law, Fiona de Londras
    Description / Table of Contents: Preface; Contents; Contributors; 1 An Introduction to the Rule of Law in Comparative Perspective; 2 The Rule of Law in Ancient Greek Thought; 3 The Liberal State and Criminal Law Reform in Spain; 4 Some Realism About Legal Certainty in the Globalization of the Rule of Law; 5 Is Goal-Based Regulation Consistent with the Rule of Law?; 6 Reflections on Shakespeare and the Rule of Law; 7 Americas Constitutional Rule of Law: Structure and Symbol; 8 Constitutions Without Constitutionalism: The Failure of Constitutionalism in Brazil
    Description / Table of Contents: 9 Rule of Law, Power Distribution, and the Problem of Faction in Conflict Interventions10 The Rule of Law in Transitional Justice: The Fujimori Trial in Peru; 11 The Interaction of Customary Law with the Modern Rule of Law in Albania and Kosova; 12 Dualism, Domestic Courts, and the Rule of International Law; Index
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-90-481-3749-7
    URL: Volltext
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    URL: Inhaltsverzeichnis
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  • 10
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    Online Resource
    Judicial Review of Legislation : A Comparative Study of the United Kingdom, the Netherlands and South Africa (2010)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9789048190027
    Language: English
    Pages: Online-Ressource (digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 5
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Schyff, Gerhard van der, 1977 - Judicial review of legislation
    RVK:
    PL 625
    Keywords: Philosophy (General) ; Philosophy of law ; Comparative law ; Public law ; Philosophy ; Philosophy (General) ; Philosophy of law ; Comparative law ; Public law ; Niederlande ; Großbritannien ; Südafrika ; Rechtsetzung ; Rechtsphilosophie ; Rechtsvergleich
    Abstract: Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review's justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat under explored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
    Description / Table of Contents: Foreword; Acknowledgement; Contents; 1 Setting the Scene; 2 Three Systems of Judicial Review; 3 Judicial Review and Democracy; 4 Fora of Review; 5 Modalities of Review; 6 Content of Review; 7 Consequences of Review; 8 Constitutionalism Personified; Bibliography; Index;
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-90-481-9002-7
    URL: Volltext
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    URL: Inhaltsverzeichnis
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    MPI Ethno. Forsch.
  • 11
    Online Resource
    Online Resource
    Law as Institution (2010)
    Dordrecht : Springer Science+Business Media B.V
    Details
    ISBN: 9781402066078
    Language: English
    Pages: Online-Ressource (XIV, 274 p, digital)
    Series Statement: Law and Philosophy Library 90
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. La Torre, Massimo, 1956 - Law as institution
    RVK:
    PI 3000
    Keywords: Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Philosophy ; Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Recht ; Ethik ; Konstitutionalismus ; Naturrecht ; Rechtspositivismus ; Recht ; Ethik ; Konstitutionalismus ; Naturrecht ; Rechtspositivismus
    Note: Includes index
    DOI: 10.1007/978-1-4020-6607-8
    URL: Volltext
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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    MPI Ethno. Forsch.
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