Bücher der Reihe Law and Philosophy Library

Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights.

Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations.

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics.

This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons.

The aim of this book is to explore what it means to live a life under the law. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law.

Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law.

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism.

In this work, lawyer and economist Klaus Mathis appraises Richard A. Posner's normative justification of the efficiency paradigm from the perspective of the philosophy of law. He points out the possibilities as well as the limits of economic analysis of law.

The central question in legal philosophy is the relationship between law and morality. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

The aim of this book is to explore what it means to live a life under the law. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law.

Grounded in linguistic philosophy and Carnapian semantics, this book's innovative contribution to analytical jurisprudence also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others.

Written from 40 years of research in civil law and the philosophy of law, this volume focuses on the interpretation and systematisation of legal norms. The text also includes an updated discussion on the writings of Robert Alexy, Jurgen Habermas, Ronald Dworkin, and Alf Ross.

Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work.

The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory.

This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence.

This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University.

Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts.

Legal statements are the most basic elements of the law. This book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threefold perspective.

The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory.

This book proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim

Besides providing evidence of the earliest development of Leibniz's thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz's reflections on a striking variety of logico-philosophical puzzles drawn from the law.

The central question in legal philosophy is the relationship between law and morality. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law.

For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality.

Certainly, to that minority of scholars whose conceptions of politics do include 'power' as an indispensable basic concept, the approaches of the vast majority of their colleagues for whom, as their answers in the survey reveal, 'power' does not play an eminent role must appear, in an 3 important sense, mistaken or perhaps even incomprehensible.

Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law.