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.
Principled Engagement: Negotiating Human Rights in Repressive States
1st Edition
Edited
By Morten B. Pedersen, David Kinley
September 06, 2016
What is the best way to promote human rights in grossly repressive states when neither sanctions nor trade and investment have much effect? This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the ...
Ratio and Voluntas: The Tension Between Reason and Will in Law
1st Edition
By Kaarlo Tuori
September 06, 2016
From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the ...
The Constitutional Corporation: Rethinking Corporate Governance
1st Edition
By Stephen Bottomley
September 06, 2016
Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests ...
Critical Legal Positivism
1st Edition
By Kaarlo Tuori
August 26, 2016
This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and ...
Interpreting Precedents: A Comparative Study
1st Edition
Edited
By D. Neil MacCormick, Robert S. Summers
August 26, 2016
This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations ...
Judicial Power, Democracy and Legal Positivism
1st Edition
Edited
By Tom D. Campbell, Jeffrey Goldsworthy
August 26, 2016
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian ...
Law as Art
1st Edition
By Gary P. Bagnall
November 19, 1996
Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music ...
The Legal Theory of Ethical Positivism
1st Edition
By Tom D. Campbell
March 28, 1996
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This ...