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Philosophical Explorations Of Justice And Taxation

Author: Helmut P Gaisbauer
Publisher: Springer
ISBN: 3319134582
Size: 56.96 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: 19.89 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.

Legitimacy Justice And Public International Law

Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 1139482106
Size: 64.77 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.

Federalism And Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Size: 28.67 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: 44.68 MB
Format: PDF
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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.

The Philosophy Of International Law

Author: Samantha Besson
Publisher: Oxford University Press
ISBN: 0199208581
Size: 74.21 MB
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This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Spheres Of Global Justice

Author: Jean-Christophe Merle
Publisher: Springer Science & Business Media
ISBN: 9400759983
Size: 67.92 MB
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Spheres of Global Justice analyzes six of the most important and controversial spheres of global justice, each concerning a specific global social good. These spheres are democratic participation, migrations, cultural minorities, economic justice, social justice, and intergenerational justice. Together they constitute two constellations dealt with, in this collection of essays by leading scholars, in two different volumes: Global Challenges to Liberal Democracy and Fair Distribution. These essays illustrate each of the spheres, delving into their differences, commonalities, collisions and interconnections. Unlike many writings on global justice, Spheres of Global Justice does not content itself with describing the painful and advantageous effects of the globalization process as being ipso facto a global injustice or a just global order. Rather, this multidisciplinary collection of essays, from a pluralist inspiration, combines empirical analysis with theoretical approaches and ethical principles, paying close attention to two aspects of the effects of the globalization process. These aspects are the causal relationships that lead to such effects and the kinds of obligations, or of normative relationships between global rights and correlative duties, that applies to each specific individual case. This volume illustrates how diverse global obligations are, and how they can be, grounded in diverse relationships (identity, ability to provide help, causal responsibility, past injustices, protection of agency and promotion of independence, etc.). These essays also demonstrate that an ethical global approach has not only international or transnational, but also domestic, local and interpersonal dimensions.

Meaning Narrativity And The Real

Author: Jan M. Broekman
Publisher: Springer
ISBN: 3319281755
Size: 58.83 MB
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This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages’, Derrida’s, Von Hofmannsthal’s and Wittgenstein’s explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a word is globally qualified as ‘the basic unit of language’. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing ‘particle story’. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter’s theme: for instance on the meaning of a Judge’s ‘Saying for Law’, on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity.

Precedent In The United States Supreme Court

Author: Christopher J. Peters
Publisher: Springer Science & Business Media
ISBN: 9400779518
Size: 75.58 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.