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Author : Frank Saliger
Publisher : C.F. Müller GmbH
ISBN 13 : 3811495186
Total Pages : 513 pages
Book Rating : 4.8/5 (114 download)
Download or read book Hassemer/Neumann/Saliger, Rechtsphilosophie written by Frank Saliger and published by C.F. Müller GmbH. This book was released on 2016-11-10 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alfred Büllesbach
Publisher :
ISBN 13 : 9783811496903
Total Pages : 515 pages
Book Rating : 4.4/5 (969 download)
Download or read book Einführung in Rechtsphilosophie und Rechtstheorie der Gegenwart written by Alfred Büllesbach and published by . This book was released on 2011 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arthur Kaufmann
Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( download)
Download or read book Einführung in Rechtsphilosophie und Rechtstheorie der Gegenwart written by Arthur Kaufmann and published by . This book was released on 1977 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erich Schweighofer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041111484
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)
Download or read book Legal Knowledge Representation:Automatic Text Analysis in Public International and European Law written by Erich Schweighofer and published by Kluwer Law International B.V.. This book was released on 1999-10-19 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a presentation of all methods of legal knowledge representation from the point of view of jurisprudence as well as computer science. A new method of automatic analysis of legal texts is presented in four case studies. Law is seen as an information system with legally formalised information processes. The achieved coverage of legal knowledge in information retrieval systems has to be followed by the next step: conceptual indexing and automatic analysis of texts. Existing approaches of automatic knowledge representations do not have a proper link to the legal language in information systems. The concept-based model for semi-automatic analysis of legal texts provides this necessary connection. The knowledge base of descriptors, context-sensitive rules and meta-rules formalises properly all important passages in the text corpora for automatic analysis. Statistics and self-organising maps give assistance in knowledge acquisition. The result of the analysis is organised with automatically generated hypertext links. Four case studies show the huge potential but also some drawbacks of this approach.
Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1912 pages
Book Rating : 4.4/5 (7 download)
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1912 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Eric Heinze
Publisher : Routledge
ISBN 13 : 113441983X
Total Pages : 353 pages
Book Rating : 4.1/5 (344 download)
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Author : Richard F. Wetzell
Publisher : Berghahn Books
ISBN 13 : 178238247X
Total Pages : 368 pages
Book Rating : 4.7/5 (823 download)
Download or read book Crime and Criminal Justice in Modern Germany written by Richard F. Wetzell and published by Berghahn Books. This book was released on 2014-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.
Author : Matthias Klatt
Publisher : OUP Oxford
ISBN 13 : 0191624020
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)
Download or read book Institutionalized Reason written by Matthias Klatt and published by OUP Oxford. This book was released on 2012-02-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues. The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues. The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
Author : Gret Haller
Publisher : Berghahn Books
ISBN 13 : 085745787X
Total Pages : 180 pages
Book Rating : 4.8/5 (574 download)
Download or read book Human Rights Without Democracy? written by Gret Haller and published by Berghahn Books. This book was released on 2012-12-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? Gret Haller argues that Human Rights must be established democratically. Drawing on the works of political philosophers from John Locke to Immanuel Kant, she explains why, from a philosophical point of view, liberty and equality need not be mutually exclusive. She outlines the history of the concept of Human Rights, shedding light on the historical development of factual rights, and compares how Human Rights are understood in the United States in contrast to Great Britain and Continental Europe, uncovering vast differences. The end of the Cold War presented a challenge to reexamine equality as being constitutive of freedom, yet the West has not seized this opportunity and instead allows so-called experts to define Human Rights based on individual cases. Ultimately, the highest courts revise political decisions and thereby discourage participation in the democratic shaping of political will.
Author : Jerzy Stelmach
Publisher : Springer Science & Business Media
ISBN 13 : 1402049390
Total Pages : 237 pages
Book Rating : 4.4/5 (2 download)
Download or read book Methods of Legal Reasoning written by Jerzy Stelmach and published by Springer Science & Business Media. This book was released on 2006-09-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Author : Jeong-Oh Kim
Publisher : Taylor & Francis
ISBN 13 : 1000772977
Total Pages : 118 pages
Book Rating : 4.0/5 (7 download)
Download or read book Philosophy of Law in Korea written by Jeong-Oh Kim and published by Taylor & Francis. This book was released on 2022-10-21 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Author : Birgit Schlütter
Publisher : BRILL
ISBN 13 : 9047431154
Total Pages : 407 pages
Book Rating : 4.0/5 (474 download)
Download or read book Developments in Customary International Law written by Birgit Schlütter and published by BRILL. This book was released on 2010-05-17 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
Author : Krzysztof Szczucki
Publisher : Rowman & Littlefield
ISBN 13 : 1666908061
Total Pages : 311 pages
Book Rating : 4.6/5 (669 download)
Download or read book The Ethical Legitimization of Criminal Law written by Krzysztof Szczucki and published by Rowman & Littlefield. This book was released on 2022-05-09 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
Author : Annelise Riles
Publisher : Hart Publishing
ISBN 13 : 1841132896
Total Pages : 274 pages
Book Rating : 4.8/5 (411 download)
Download or read book Rethinking the Masters of Comparative Law written by Annelise Riles and published by Hart Publishing. This book was released on 2001-10-09 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new generation of comparative lawyers together to reflect on the character of their discipline.
Author : Burkhard Josef Berkmann
Publisher : Routledge
ISBN 13 : 1000179265
Total Pages : 188 pages
Book Rating : 4.0/5 (1 download)
Download or read book The Internal Law of Religions written by Burkhard Josef Berkmann and published by Routledge. This book was released on 2020-09-22 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology. This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law. These internal legal norms are aimed at a particular form of behaviour on the part of believers. They therefore play a particular role in conflicts arising today between certain religious forms of behaviour. The comparison of the internal law of religions serves to establish and explain the commonalities and differences between various religious legal traditions. The religions examined here include: the law of Christian denominations, Jewish law, Islamic law, Hindu law, Buddhist law, and other religious legal systems. The work assesses six current approaches to the comparative law of religions, evaluating their strengths and weaknesses, leading to the development of a new approach. The book discusses the role of religious law in state law and looks to likely future developments. The work will be essential for those interested in the administration of justice and politics, for those professions where intercultural competence is required, and for interreligious dialogue.
Author : Weidong Ji
Publisher : Routledge
ISBN 13 : 1351613057
Total Pages : 399 pages
Book Rating : 4.3/5 (516 download)
Download or read book Building the Rule of Law in China written by Weidong Ji and published by Routledge. This book was released on 2017-12-12 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.
Author : E.F. Oeser
Publisher : Springer Science & Business Media
ISBN 13 : 9401715025
Total Pages : 212 pages
Book Rating : 4.4/5 (17 download)
Download or read book Evolution and Constitution written by E.F. Oeser and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
