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Habermas on Law and Democracy: Critical Exchanges (Philosophy, Social Theory, and the Rule of Law, 6)
By Michel Rosenfeld, Andrew Arato
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Publisher:University of California Press
Number Of Pages:400
Publication Date:1998-09-01
ISBN-10 / ASIN:0520204662
ISBN-13 / EAN:9780520204669
Binding:Hardcover
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Product Description:
In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors--internationally prominent scholars in the fields of law, philosophy, and social theory--includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.
These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
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1040-687-1=352贴X5=1760-110=1650
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Limiting Government: An Introduction to Constitutionalism
By Andras Sajo
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Publisher:Central European University Press
Number Of Pages:292
Publication Date:1999-11
ISBN-10 / ASIN:9639116246
ISBN-13 / EAN:9789639116245
Binding:Paperback
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Product Description:
"Exploring the history and theory of constitutionalism in a comparative perspective this account is concerned not only with the mechanics of government, but more comprehensively with the organization of state-society relations. Drawing on some classic examples, such as the history and fundaments of the US constitution, the 1791 French constitution or the Weimar constitution, we are reminded that we can learn the most from earlier failures."--BOOK JACKET.
http://ifile.it/lo4kb1n/0887067603.tar.gz
Juvenile Correctional Reform: Two Decades of Policy and Procedural Change (Suny Series in Critical Issues in Criminal Justice)
By Edmund F. McGarrell
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Publisher:State University of New York Press
Number Of Pages:219
Publication Date:1988-08
ISBN-10 / ASIN:0887067603
ISBN-13 / EAN:9780887067600
Binding:Paperback
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The Law and the Public's Health: Supplemental Cases, Fifth Edition
By Kenneth R. Wing
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Publisher:Health Administration Press
Number Of Pages:343
Publication Date:1999-10
ISBN-10 / ASIN:1567931030
ISBN-13 / EAN:9781567931037
Binding:Paperback
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Liberty, Property, and the Foundations of the American Constitution (Suny Series in the Constitution and Economic Rights)
By Ellen Frankel Paul, Howard Dickman
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Publisher:State University of New York Press
Number Of Pages:196
Publication Date:1988-12
ISBN-10 / ASIN:0887069150
ISBN-13 / EAN:9780887069154
Binding:Paperback
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Violence, Custom and the Law
By Cynthia J. Neville
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Publisher:Edinburgh University Press
Number Of Pages:256
Publication Date:1998-04-15
ISBN-10 / ASIN:0748610731
ISBN-13 / EAN:9780748610730
Binding:Paperback
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Product Description:
Centuries-long hostility between Scotland and England affected the pattern of criminal activity in the Anglo-Scottish border lands. This is a fascinating account of how the area created and refined a new system of law to deal with the conflict in the 13th and 15th centuries.
http://ifile.it/143doxc/0791412377.tar.gz
Law and Morality in Ancient China: The Silk Manuscripts of Huang-Lao (S U N Y Series in Chinese Philosophy and Culture)
By R. P. Peerenboom
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Publisher:State University of New York Press
Number Of Pages:380
Publication Date:1993-04
ISBN-10 / ASIN:0791412377
ISBN-13 / EAN:9780791412374
Binding:Hardcover
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Crime, Cultural Conflict, and Justice in Rural Russia, 1856-1914 (Studies on the History of Society and Culture , No 31)
By Stephen P. Frank
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Publisher:University of California Press
Number Of Pages:396
Publication Date:1999-02-15
ISBN-10 / ASIN:0520213416
ISBN-13 / EAN:9780520213418
Binding:Hardcover
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Product Description:
This book is the first to explore the largely unknown world of rural crime and justice in post-emancipation Imperial Russia. Drawing upon previously untapped provincial archives and a wealth of other neglected primary material, Stephen P. Frank offers a major reassessment of the interactions between peasantry and the state in the decades leading up to World War I. Viewing crime and punishment as contested metaphors about social order, his revisionist study documents the varied understandings of criminality and justice that underlay deep conflicts in Russian society, and it contrasts official and elite representations of rural criminality--and of peasants--with the realities of everyday crime at the village level.
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Medicine on Trial: A Handbook with Cases, Laws, and Documents (On Trial)
By Elisabeth Cawthon
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Publisher:ABC-CLIO
Number Of Pages:333
Publication Date:2004-03-09
ISBN-10 / ASIN:1851095640
ISBN-13 / EAN:9781851095643
Binding:Hardcover
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Product Description:
Through close examination of legal, historical, and medical sources, this volume sheds light on the evolution of U.S. law as it bears on bio-ethical issues, advances in medical technology, and the changing role of medicine in the American courtroom during the last 150 years. In doing so, it provides a clear, accessible introduction to such major medical and legal controversies as the "right to die," assisted suicide, bioengineering, reproductive rights, and DNA testing.
An extensive collection of important documents is included, along with a glossary of key people, events, and concepts; a chronology; a table of cases cited; an annotated bibliography; and a comprehensive index.
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Reasoning With Law
By Andrew Halpin
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Publisher:Hart Publishing
Number Of Pages:224
Publication Date:2002-02
ISBN-10 / ASIN:1841130702
ISBN-13 / EAN:9781841130705
Binding:Hardcover
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Product Description:
The reader is invited to follow a route that visits Fish's view of theory and practice, Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law.
The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.
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The Harmonisation of European Contract Law: Implications for European Private Laws, Business And Legal Practice (Studies of the Oxford Institute of European and Comparative Law)
By Stefan Vogenauer, Stephen Weatherill
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Publisher:Hart Publishing
Number Of Pages:259
Publication Date:2006-04-30
ISBN-10 / ASIN:1841135917
ISBN-13 / EAN:9781841135915
Binding:Hardcover
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Product Description:
After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt.
A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute for European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
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Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts (International Studies in the Theory of Private Law)
By David Campbell, Hugh Collins, John Wightman
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Publisher:Hart Publishing
Number Of Pages:401
Publication Date:2003-09
ISBN-10 / ASIN:1841133493
ISBN-13 / EAN:9781841133492
Binding:Paperback
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Product Description:
This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
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Rights, Duties and the Body: Law and Ethics of the Maternal-Fetal Conflict
By Rosamund Scott
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Publisher:Hart Publishing
Number Of Pages:320
Publication Date:2002-04
ISBN-10 / ASIN:1841131342
ISBN-13 / EAN:9781841131344
Binding:Hardcover
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Product Description:
This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively in work on this issue, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American (and sometimes Canadian) arguments from the law of treatment refusal, abortion, tort and rescue.
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The Law And Economics of Article 82 Ec
By Robert O'donoghue, Jorge Padilla
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Publisher:Hart
Number Of Pages:782
Publication Date:2006-06-30
ISBN-10 / ASIN:184113502X
ISBN-13 / EAN:9781841135021
Binding:Hardcover
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Product Description:
The Law and Economics of Article 82 EC is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 82 EC to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices, and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice, and more recent economic and legal writings. In addition, the major constituent elements of Article 82, such as market definition, dominance, effect on trade, and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 82 EC contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition-law enforcement against monopoly behaviour.
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Third Party Liability in Tort
By Claire Mcivor
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Publisher:Hart Publishing
Number Of Pages:179
Publication Date:2006-07-31
ISBN-10 / ASIN:1841135526
ISBN-13 / EAN:9781841135526
Binding:Hardcover
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Product Description:
Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel category of tortious liability that has evolved from a collection of disparate and isolated judicial decisions setting out, on an entirely ad hoc basis, individualised exceptions to the entrenched common law rules against liability for omissions and liability for the acts of others. As a result of the improvised nature of its development, the current law on third party liability is unstructured, unprincipled and incoherent. The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the future.
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German Law of Torts: A Comparative Treatise
By B. S. Markesinis, Hannes Unberath
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Publisher:Hart Publishing
Number Of Pages:1000
Publication Date:2002-06
ISBN-10 / ASIN:1841132985
ISBN-13 / EAN:9781841132983
Binding:Paperback
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Product Description:
Since its first appearance in 1986 this book has won uniform praise from many of the world's leading comparatists, has been acclaimed by senior judges and has been cited by the courts of many countries. This new edition of the work, substantially re-written and systematically up-dated, contains over 150 leading judgments, most translated in their entirety, along with references to over 2000 other decisions from Germany and the Common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten and enlarged now also makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort reform.
Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.
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The German Law of Contract: A Comparative Treatise
By B. S. Markesinis, Hannes Unberath, Angus Johnston
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Publisher:Hart
Number Of Pages:979
Publication Date:2006-03
ISBN-10 / ASIN:1841134716
ISBN-13 / EAN:9781841134710
Binding:Hardcover
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Product Description:
Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
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Law and Corporate Finance (Elgar Financial Law)
By Frank B. Cross, Robert A. Prentice
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Publisher:Edward Elgar Publishing
Number Of Pages:230
Publication Date:2007-07-30
ISBN-10 / ASIN:1847201075
ISBN-13 / EAN:9781847201072
Binding:Hardcover
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Product Description:
'In this impressive and ambitious book, the authors explore the role of the law in advancing the economic wellbeing of a society. Three tiers of legal regulation of business enterprises and of equity markets are examined: basic foundational law of contracts, property and tort; corporate law; and securities law. The classical economic case for government intervention on the grounds that it can enhance trust, reduce transaction costs and contribute to valuable network externalities is clearly and cogently outlined. There is also a thoughtful account of behavioural analysis of law and corporate finance. New empirical evidence is presented alongside a useful review of studies conducted by other scholars. Complementing the economic, behavioural and empirical analyses, the book also provides a concise history of the development of the law governing corporate finance. Having examined corporate finance law from these different standpoints, in the final chapter the authors draw upon their deep understanding of the subject to provide a new perspective on current controversies. A great virtue of this book is that it covers a great deal of material in a concise, lucid and stimulating manner. The fresh and rigorous analysis also stands out. There is much here that will be of value to students and scholars.'
- Eilis Ferran, University of Cambridge, UK
In this thorough and enlightening book, the authors examine the role of law in developing the large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets.
The book begins with an historical analysis of the law's development, reviewing the legal governance of corporate finance with an emphasis on the development of US securities law in the twentieth century. Also provided is an extensive empirical analysis of the law's effect. A unique benefit of the book is its integration of all the relevant aspects, rather than examining them in isolation. Chapters cover the role of law in corporate finance, behavioral and empirical analyses, as well as current controversies in law and corporate finance. Ultimately, the book is a defense of the economic value of the law in the United States and throughout the world.
Students and scholars of business and law will find much of interest in the authors' comprehensive study of the rule of law in today's financial markets.
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Costs And Cautionary Tales: Economic Insights for the Law (Legal Theory Today)
By Anthony Ogus
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Publisher:Hart Publishing
Number Of Pages:320
Publication Date:2006-06-30
ISBN-10 / ASIN:1841133698
ISBN-13 / EAN:9781841133690
Binding:Paperback
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Product Description:
The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. The approach is discursive, anecdotal and analytical, reflecting the ideas and convictions developed during the author's 30 years working in the field of law and economics.
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Tort Law and Human Rights: The Impact of the ECHR on English Law
By Jane Wright
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Publisher:Hart Publishing
Number Of Pages:248
Publication Date:2001-10-09
ISBN-10 / ASIN:1841130354
ISBN-13 / EAN:9781841130354
Binding:Hardcover
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Product Description:
Common law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First, to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to determine the extent to which tort principles may be shaped to achieve this goal. In this book, the author pursues this objective by analysing the effect of the Act, including the issue of horizontality, and then evaluating and juxtaposing principles of tort law and ECHR jurisprudence in order to consider whether the approach of the English courts measures up to the European standard.