Vienna Lectures on Legal Philosophy, Volume 3

Vienna Lectures on Legal Philosophy, Volume 3
Title Vienna Lectures on Legal Philosophy, Volume 3 PDF eBook
Author Christoph Bezemek
Publisher Bloomsbury Publishing
Pages 185
Release 2023-10-05
Genre Philosophy
ISBN 1509969845

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The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.

Vienna Lectures on Legal Philosophy, Volume 2

Vienna Lectures on Legal Philosophy, Volume 2
Title Vienna Lectures on Legal Philosophy, Volume 2 PDF eBook
Author Christoph Bezemek
Publisher Bloomsbury Publishing
Pages 419
Release 2020-07-23
Genre Law
ISBN 1509935916

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This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.

Vienna Lectures on Legal Philosophy, Volume 1

Vienna Lectures on Legal Philosophy, Volume 1
Title Vienna Lectures on Legal Philosophy, Volume 1 PDF eBook
Author Christoph Bezemek
Publisher Bloomsbury Publishing
Pages 240
Release 2018-06-14
Genre Law
ISBN 1509921729

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The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.

VIENNA LECTURES ON LEGAL PHILOSOPHY, VOLUME 3

VIENNA LECTURES ON LEGAL PHILOSOPHY, VOLUME 3
Title VIENNA LECTURES ON LEGAL PHILOSOPHY, VOLUME 3 PDF eBook
Author
Publisher
Pages 0
Release 2023
Genre
ISBN

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Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives
Title Constitutionally Conforming Interpretation – Comparative Perspectives PDF eBook
Author Matthias Klatt
Publisher Bloomsbury Publishing
Pages 463
Release 2023-11-02
Genre Law
ISBN 150995385X

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This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.

Conflict, War and Revolution

Conflict, War and Revolution
Title Conflict, War and Revolution PDF eBook
Author Paul Kelly
Publisher LSE Press
Pages 472
Release 2022-01-04
Genre Political Science
ISBN 1909890731

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Violence and war were ubiquitous features of politics long before the emergence of the modern state system. Since the late 18th century major revolutions across the world have further challenged the idea of the state as a final arbiter of international order. This book discusses ten major thinkers who have questioned and re-shaped how we think about politics, violence and relations between states – Thucydides, Augustine, Machiavelli, Hobbes, Locke, Rousseau, Clausewitz, Lenin and Mao, and Schmitt. Conflict, war and revolution have generally been seen in political thought as problems to be managed by stable domestic political communities. In different ways, all the paradigmatic thinkers here acknowledge them instead as inevitable dimensions of human experience, manifested through different ways of acting politically – while yet offering radically distinct answers about how they can be handled. This book dramatically broadens the canon of political thought by considering perspectives on the international system that challenge its historical inevitability and triumph. Drawing on history, theology, and law as well as philosophy, Paul Kelly introduces thinkers who challenge fundamentally the ways in which we should think about the nature and scope of political institutions and agents. He illuminates many troubling contemporary conflicts with a critical and historical perspective. This book is primarily intended for second year and upwards undergraduate students in general political theory and international theory, and advanced international relations students. Each chapter is also downloadable on its own for use in courses considering only some of the ten theorists covered. Written in an accessible way Conflict, War and Revolution will also interest advanced general readers with interests in the historical thought underpinnings of political ideas and today’s international politics.

Demoicratic Authority

Demoicratic Authority
Title Demoicratic Authority PDF eBook
Author Josef Weinzierl
Publisher Bloomsbury Publishing
Pages 215
Release 2024-01-11
Genre Law
ISBN 150996505X

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What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.