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Philosophical Foundations Of Constitutional Law

Author: University Professor of Law and Philosophy David Dyzenhaus
Publisher: Oxford University Press
ISBN: 0198754523
Size: 79.59 MB
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Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

Philosophical Foundations Of European Union Law

Author: Julie Dickson
Publisher: OUP Oxford
ISBN: 0191652164
Size: 23.57 MB
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

Constitutionalism

Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 9780521799997
Size: 41.25 MB
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This specially commissioned volume examines the issue of constitutionalism.

Philosophical Foundations Of The Nature Of Law

Author: Wil Waluchow
Publisher: OUP Oxford
ISBN: 0191665622
Size: 35.12 MB
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In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

Philosophical Foundations Of Labour Law

Author: Hugh Collins
Publisher: Philosophical Foundations of L
ISBN: 0198825277
Size: 63.24 MB
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The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Philosophical Foundations Of Discrimination Law

Author: Deborah Hellman
Publisher: Oxford University Press
ISBN: 0199664315
Size: 31.13 MB
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Until recently, most legal scholarship on the philisophical foundations of discrimination law has focused on the logic and rationale underlying laws prohibiting various forms of discrimination including race, sex and disability discrimination. Philosophical inquiry relative to discrimination, by contrast, has approached these issues by asking what justice or fairness requires in the distribution of society's opportunities andresources.Contributors to this volume explore the following questions. Is discrimination a wrong akin to a tort, or should we instead see laws forbidding discrimination as grounded in a view about what socialarrangements will produce the best outcomes for society as a whole? If it is a wrong, is it best thought of as an interference with liberty or as a violation of equality. Are these fruitful questions to ask, or is it impossible to offer a coherent theory of discrimination law? Finally, how do these inquiries help us to understand the moral issues raised by several timely issues in discrimination law

Philosophical Foundations Of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Size: 25.21 MB
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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

Verfassungsfragmente

Author: Gunther Teubner
Publisher: Suhrkamp Verlag
ISBN: 3518772805
Size: 22.71 MB
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Nicht zuletzt durch eine Reihe von öffentlichen Skandalen wurde in den letzten Jahren die »Neue Verfassungsfrage« aufgeworfen. Menschenrechtsverletzungen durch multinationale Unternehmen, Korruption im Medizin- und Wissenschaftsbetrieb, Bedrohung der Meinungsfreiheit durch private Intermediäre im Internet, massive Eingriffe in die Privatsphäre durch Datensammlung privater Organisationen und mit besonderer Wucht die Entfesselung katastrophaler Risiken auf den weltweiten Kapitalmärkten – sie alle werfen Verfassungsprobleme im strengen Sinne auf. Ging es früher um die Freisetzung der politischen Machtenergien des Nationalstaats und zugleich um ihre wirksame rechtsstaatliche Begrenzung, so geht es nun darum, ganz andere gesellschaftliche Energien zu diskutieren und in ihren destruktiven Konsequenzen wirksam zu beschränken. Konstitutionalismus jenseits des Nationalstaats – das heißt zweierlei: Die Verfassungsprobleme stellen sich außerhalb der Grenzen des Nationalstaats in transnationalen Politikprozessen und zugleich außerhalb des institutionalisierten Politiksektors in den »privaten« Sektoren der Weltgesellschaft.

Philosophical Foundations Of Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654698
Size: 16.38 MB
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Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.