The Differentiation And Autonomy Of Law

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The Differentiation and Autonomy of Law

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
ISBN 13 : 1009008714
Total Pages : 141 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Differentiation and Autonomy of Law by : Emilios Christodoulidis

Download or read book The Differentiation and Autonomy of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2023-10-05 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.

The Differentiation and Autonomy of Law

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
ISBN 13 : 1009019201
Total Pages : 76 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Differentiation and Autonomy of Law by : Emilios Christodoulidis

Download or read book The Differentiation and Autonomy of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2023-09-11 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.

Autonomy and Self-Determination

Author : Peter Hilpold
Publisher : Edward Elgar Publishing
ISBN 13 : 1788111710
Total Pages : 369 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Autonomy and Self-Determination by : Peter Hilpold

Download or read book Autonomy and Self-Determination written by Peter Hilpold and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include:X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp

Autopoietic Law - A New Approach to Law and Society

Author : Gunther Teubner
Publisher : Walter de Gruyter
ISBN 13 : 3110876450
Total Pages : 389 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Autopoietic Law - A New Approach to Law and Society by : Gunther Teubner

Download or read book Autopoietic Law - A New Approach to Law and Society written by Gunther Teubner and published by Walter de Gruyter. This book was released on 2011-07-13 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law in its Own Right

Author : Henrik Olsen
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313027
Total Pages : 172 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Law in its Own Right by : Henrik Olsen

Download or read book Law in its Own Right written by Henrik Olsen and published by Bloomsbury Publishing. This book was released on 2000-01-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.

Bringing Sociology to International Relations

Author : Mathias Albert
Publisher : Cambridge University Press
ISBN 13 : 1107039002
Total Pages : 295 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Bringing Sociology to International Relations by : Mathias Albert

Download or read book Bringing Sociology to International Relations written by Mathias Albert and published by Cambridge University Press. This book was released on 2013-10-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative analysis, using sociological theory to examine world politics as a differentiated social realm.

The Autonomy of Law

Author : Robert P. George
Publisher :
ISBN 13 :
Total Pages : 339 pages
Book Rating : 4.:/5 (638 download)

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Book Synopsis The Autonomy of Law by : Robert P. George

Download or read book The Autonomy of Law written by Robert P. George and published by . This book was released on 1966 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Autonomy in the Law

Author : Mortimer Sellers
Publisher : Springer
ISBN 13 : 9789400791749
Total Pages : 0 pages
Book Rating : 4.7/5 (917 download)

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Book Synopsis Autonomy in the Law by : Mortimer Sellers

Download or read book Autonomy in the Law written by Mortimer Sellers and published by Springer. This book was released on 2014-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.

Consentability

Author : Nancy S. Kim
Publisher : Cambridge University Press
ISBN 13 : 1107164915
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Consentability by : Nancy S. Kim

Download or read book Consentability written by Nancy S. Kim and published by Cambridge University Press. This book was released on 2019-02-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

Law's New Boundaries

Author : Jiří Přibáň
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law's New Boundaries by : Jiří Přibáň

Download or read book Law's New Boundaries written by Jiří Přibáň and published by Dartmouth Publishing Company. This book was released on 2001 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of papers presented at the workshop "Consequences of the Autopoietic Law Theory", held in Cardiff, March 2000. The papers featured in this book have been edited.

Autonomy

Author : Mortimer Sellers
Publisher :
ISBN 13 :
Total Pages : 179 pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis Autonomy by : Mortimer Sellers

Download or read book Autonomy written by Mortimer Sellers and published by . This book was released on 2007 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.

The relationship between law and politics

Author : Miro Cerar
Publisher :
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4.:/5 (78 download)

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Book Synopsis The relationship between law and politics by : Miro Cerar

Download or read book The relationship between law and politics written by Miro Cerar and published by . This book was released on 2009 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "article" examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions. Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude toward the law. Finally, politics can interpret law as an obstacle on the way toward the realization of certain political goals. In this situation either politics prevails over law, or vice versa. In the first case politics effectuates its solutions at the expense of the rule of law, while in the second case the autonomy of law is preserved through the decisions of the highest courts or by other actions taken by lawyers, intellectuals, associations, organizations, and the public in order to stop illicit acts of political actors. Law and politics create their own particular pictures of reality. Sometimes those pictures overlap, sometimes they differ. Yet, there is something that the law should never include in its sphere; namely, the differentiation of adversaries according to a purely political criterion. This leads to a strict separation between "ours" and "yours", or, in its most radical expression, to a strict separation between friend and enemy. When the latter occurs, politics inevitably prevails over the law, and reduces or damages the autonomy of the rule of law.

Human Dignity and the Autonomy of Law

Author : José Manuel Aroso Linhares
Publisher : Springer Nature
ISBN 13 : 303114824X
Total Pages : 300 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Human Dignity and the Autonomy of Law by : José Manuel Aroso Linhares

Download or read book Human Dignity and the Autonomy of Law written by José Manuel Aroso Linhares and published by Springer Nature. This book was released on 2022-12-06 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intertwines two major themes in contemporary legal theory – the concepts of human dignity and the problem of the autonomy and limits of the law – while also addressing two other key aspects – the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law’s aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive “bio-ethical” issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Law as a Social System

Author : Niklas Luhmann
Publisher : Oxford Socio-Legal Studies
ISBN 13 : 9780198262381
Total Pages : 524 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Law as a Social System by : Niklas Luhmann

Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

Beyond Law in Context

Author : David Nelken
Publisher : Routledge
ISBN 13 : 1351955608
Total Pages : 542 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Beyond Law in Context by : David Nelken

Download or read book Beyond Law in Context written by David Nelken and published by Routledge. This book was released on 2017-09-08 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Thick (Concepts of) Autonomy

Author : James F. Childress
Publisher : Springer Nature
ISBN 13 : 3030809919
Total Pages : 208 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Thick (Concepts of) Autonomy by : James F. Childress

Download or read book Thick (Concepts of) Autonomy written by James F. Childress and published by Springer Nature. This book was released on 2021-11-25 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, in rich and rigorous ways, the possibilities and limitations of “thick” (concepts of) autonomy in light of contemporary debates in philosophy, ethics, and bioethics. Many standard ethical theories and practices, particularly in domains such as biomedical ethics, incorporate minimal, formal, procedural concepts of personal autonomy and autonomous decisions and actions. Over the last three decades, concerns about the problems and limitations of these “thin” concepts have led to the formulation of “thick” concepts that highlight the mental, corporeal, biographical and social conditions of what it means to be a human person and that enrich concepts of autonomy, with direct implications for the ethical requirement to respect autonomy. The chapters in this book offer a wide range of perspectives on both the elements of and the relations (both positive and negative) between “thin” and “thick” concepts of autonomy as well as their relative roles and importance in ethics and bioethics. This book offers valuable and illuminating examinations of autonomy and respect for autonomy, relevant for audiences in philosophy, ethics, and bioethics.