Applied Legal Philosophy: Applied Legal Philosophy
About the Book Series
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.
Sovereignty in Post-Sovereign Society: A Systems Theory of European Constitutionalism
1st Edition
By Jiří Přibáň
January 11, 2017
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical ...
First Do No Harm: Law, Ethics and Healthcare
1st Edition
Edited
By Sheila A. M. McLean
November 28, 2016
This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken ...
Cultural Difference on Trial: The Nature and Limits of Judicial Understanding
1st Edition
By Anthony J. Connolly
November 22, 2016
Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises 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...
Epistemic Uncertainty and Legal Theory
1st Edition
By Brian Burge-Hendrix
November 17, 2016
Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful ...
Holy Writ: Interpretation in Law and Religion
1st Edition
Edited
By Arie-Jan Kwak
November 16, 2016
It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some,...
The Concept of Law from a Transnational Perspective
1st Edition
By Detlef von Daniels
November 16, 2016
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in ...
Accommodating Cultural Diversity
1st Edition
Edited
By Stephen Tierney
November 15, 2016
This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different ...
Architectures of Justice: Legal Theory and the Idea of Institutional Design
1st Edition
By Henrik Palmer Olsen, Stuart Toddington
November 15, 2016
Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what ...
Epistemology and Method in Law
1st Edition
By Geoffrey Samuel
November 15, 2016
This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis ...
Law at the Vanishing Point: A Philosophical Analysis of International Law
1st Edition
By Aaron Fichtelberg
November 15, 2016
Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and ...
The Theory and Practice of Legislation: Essays in Legisprudence
1st Edition
Edited
By Luc J. Wintgens
November 15, 2016
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to ...
The Vantage of Law: Its Role in Thinking about Law, Judging and Bills of Rights
1st Edition
By James Allan
November 15, 2016
The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate ...