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Philosophical Explorations Of Justice And Taxation

Author: Helmut P Gaisbauer
Publisher: Springer
ISBN: 3319134582
Size: 72.97 MB
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This volume presents philosophical contributions examining questions of the grounding and justification of taxation and different types of taxes such as inheritance, wealth, consumption or income tax in relation to justice and the concept of a just society. The chapters cover the different levels at which the discussion on taxation and justice takes place: On the principal level, chapters investigate the justification and grounding of taxation as such and the role taxation plays and should play in the design of justice, be it for a just society or a just world order. On a more concrete level, chapters present discussions of these general reflections in more depth and examine different types of taxation, tax systems and their design and implementation. On an applied level, chapters discuss certain specific taxes, such as wealth and inheritance taxes, and examine whether or not a certain tax should be favored and for what reasons as well as why it is just to target certain kinds of assets or income. Finally, this volume contains chapters that discuss the central issue of international and global taxation and their relation to global justice.

Human Law And Computer Law Comparative Perspectives

Author: Mireille Hildebrandt
Publisher: Springer Science & Business Media
ISBN: 940076314X
Size: 44.22 MB
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The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.

Federalism And Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Size: 48.88 MB
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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

The Oxford Handbook Of Comparative Constitutional Law

Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640174
Size: 56.40 MB
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Ethical Issues In Poverty Alleviation

Author: Helmut P. Gaisbauer
Publisher: Springer
ISBN: 3319414305
Size: 76.68 MB
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This book explores the philosophical, and in particular ethical, issues concerning the conceptualization, design and implementation of poverty alleviation measures from the local to the global level. It connects these topics with the ongoing debates on social and global justice, and asks what an ethical or normative philosophical perspective can add to the economic, political, and other social science approaches that dominate the main debates on poverty alleviation. Divided into four sections, the volume examines four areas of concern: the relation between human rights and poverty alleviation, the connection between development and poverty alleviation, poverty within affluent countries, and obligations of individuals in regard to global poverty. An impressive collection of essays by an international group of scholars on one of the most fundamental issues of our age. The authors consider crucial aspects of poverty alleviation: the role of human rights; the connection between development aid and the alleviation of poverty; how to think about poverty within affluent countries (particularly in Europe); and individual versus collective obligations to act to reduce poverty. Judith Lichtenberg Department of Philosophy Georgetown University This collection of essays is most welcome addition to the burgeoning treatments of poverty and inequality. What is most novel about this volume is its sustained and informed attention to the explicitly ethical aspects of poverty and poverty alleviation. What are the ethical merits and demerits of income poverty, multidimensional-capability poverty, and poverty as nonrecognition? How important is poverty alleviation in comparison to environmental protection and cultural preservation? Who or what should be agents responsible for reducing poverty? The editors concede that their volume is not the last word on these matters. But, these essays, eschewing value neutrality and a retreat into technical mastery, challenge us to find fresh and reasonable answers to these urgent questions. David A. Crocker School of Public Policy University of Maryland

Precedent In The United States Supreme Court

Author: Christopher J. Peters
Publisher: Springer Science & Business Media
ISBN: 9400779518
Size: 20.13 MB
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This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Legitimacy Justice And Public International Law

Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 1139482106
Size: 47.54 MB
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Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.

On The Interpretation Of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Size: 45.62 MB
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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.