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.
Constitutional Life and Europe's Area of Freedom, Security and Justice
1st Edition
By Alun Howard Gibbs
November 10, 2016
The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal ...
Deliberative Democracy and its Discontents
1st Edition
Edited
By Jose Luis Marti, Samantha Besson
November 10, 2016
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment ...
Individual Duty within a Human Rights Discourse
1st Edition
By Douglas Hodgson
November 10, 2016
Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book ...
A Philosophy of Intellectual Property
1st Edition
By Peter Drahos
October 31, 2016
Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to ...
Contested Words: Legal Restrictions on Freedom of Speech in Liberal Democracies
1st Edition
By Ian Cram
October 31, 2016
In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue ...
Health Law's Kaleidoscope: Health Law Rights in a Global Age
1st Edition
By Belinda Bennett
October 27, 2016
Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book ...
The Idea of Authorship in Copyright
1st Edition
By Lior Zemer
October 26, 2016
As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face ...
The Right Not to be Criminalized: Demarcating Criminal Law's Authority
1st Edition
By Dennis J. Baker
October 26, 2016
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights ...
Legisprudence: Practical Reason in Legislation
1st Edition
By Luc J. Wintgens
October 17, 2016
This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of ...
Introduction to Classical Legal Rhetoric: A Lost Heritage
1st Edition
By Michael H. Frost
October 06, 2016
Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern ...
Legislation in Context: Essays in Legisprudence
1st Edition
Edited
By Luc J. Wintgens
September 12, 2016
The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal...
Interpreting Statutes: A Comparative Study
1st Edition
By D. Neil MacCormick, Robert S. Summers
September 06, 2016
This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and ...