Inverting the Norm

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Publisher : Mohr Siebeck
ISBN 13 : 316161691X
Total Pages : 191 pages
Book Rating : 4.1/5 (616 download)

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Book Synopsis Inverting the Norm by : Trevor N. Wedman

Download or read book Inverting the Norm written by Trevor N. Wedman and published by Mohr Siebeck. This book was released on 2022-11-21 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trevor N. Wedman seeks to understand the key assumptions underlying modern legal theory. Going back to Hobbes, but also making use of the developments in the theory of action and language philosophy over the past century, he breaks down the static conception of the state into one dependent on the actions and reflections of individuals, i.e., its citizens. He develops a social ontological theory of the law, in which the law is not taken as a mere given, but as an institutional fact. He criticizes both the Kelsenian conception of the Basic Norm and the Hartian notion of the Rule of Recognition as failing to account for the agency of individuals. The author turns to the work of one of Kelsen's contemporaries, Felix Somlo, in order to develop an alternative conception of the law that operates not from the top down, but from the bottom up. In this way, the law itself comes into focus as that which results from the reasoned jurisprudential reflection on the reality of meanings and actions.

Praktische Vernunft, Gesetzgebung und Rechtswissenschaft

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515062572
Total Pages : 230 pages
Book Rating : 4.0/5 (625 download)

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Book Synopsis Praktische Vernunft, Gesetzgebung und Rechtswissenschaft by : Waldemar Schreckenberger

Download or read book Praktische Vernunft, Gesetzgebung und Rechtswissenschaft written by Waldemar Schreckenberger and published by Franz Steiner Verlag. This book was released on 1993 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aus dem Inhalt: Praktische Vernunft und Gesetzgebung: Mit Beitragen von: M. Atienza, P. Gerard, H. Hayry, K. Wojcik, I. Ceterchi, A. Gerloch, N. Nenovski, S. Wronkowska u Praktische Vernunft und Rechtswissenschaft: Mit Beitragen von: M. Hartney, K. Opaek, W. Ott / F. Buob, K. Goodall, N. Intzessiloglou, M. Rodriguez Molinero, L. Morawski / A. Molter, R. Caracciolo, M. Roumeliotis, S. Urbina, K. Wikstrom u Praktische Vernunft, Mensch und Umwelt: Mit Beitragen von: M. Hayry, L. Lukaszuk, F. Ost, P. Swan, H. Visser't Hoof u Ethik der Kommunikationsmedien: Mit Beitragen von: B. Leiser, P. Schiwy. (Franz Steiner 1993)

Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161460807
Total Pages : 596 pages
Book Rating : 4.4/5 (68 download)

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Book Synopsis Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland by : Marcus Lutter

Download or read book Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland written by Marcus Lutter and published by Mohr Siebeck. This book was released on 1993 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Einführung in Die Elementare und Analytische Theorie Der Algebraischen Zahlen und Der Ideale

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Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Einführung in Die Elementare und Analytische Theorie Der Algebraischen Zahlen und Der Ideale by : Edmund Landau

Download or read book Einführung in Die Elementare und Analytische Theorie Der Algebraischen Zahlen und Der Ideale written by Edmund Landau and published by . This book was released on 1918 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on the Theory and Practice of International Lawmaking

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781953228
Total Pages : 512 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on the Theory and Practice of International Lawmaking by : Catherine Brölmann

Download or read book Research Handbook on the Theory and Practice of International Lawmaking written by Catherine Brölmann and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

The Laws Concerning the So-Called Professional and Habitual Criminals

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Author :
Publisher : Springer
ISBN 13 : 9401759502
Total Pages : 540 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis The Laws Concerning the So-Called Professional and Habitual Criminals by : Bernard Victor Aloysius Röling

Download or read book The Laws Concerning the So-Called Professional and Habitual Criminals written by Bernard Victor Aloysius Röling and published by Springer. This book was released on 2014-11-14 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sustainable Development in World Investment Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131663
Total Pages : 978 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Investment Law by : Marie-Claire Cordonier Segger

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Contemporary German Legal Philosophy

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Publisher : University of Pennsylvania Press
ISBN 13 : 1512802581
Total Pages : 164 pages
Book Rating : 4.5/5 (128 download)

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Book Synopsis Contemporary German Legal Philosophy by : James E. Herget

Download or read book Contemporary German Legal Philosophy written by James E. Herget and published by University of Pennsylvania Press. This book was released on 2017-11-15 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.

Vienna Lectures on Legal Philosophy, Volume 2

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509935916
Total Pages : 403 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Vienna Lectures on Legal Philosophy, Volume 2 by : Christoph Bezemek

Download or read book Vienna Lectures on Legal Philosophy, Volume 2 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.

Alternative Action Theory

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Publisher : Springer Science & Business Media
ISBN 13 : 9401150621
Total Pages : 320 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Alternative Action Theory by : Ota Weinberger

Download or read book Alternative Action Theory written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Action is conceived of as an intentional behavior of an individual or of an institutional subject; it is determined by information processing, namely by a process in which pieces of descriptive and practical information are involved. Action is explained by a formal and finalistic theory which is connected with a specific theory of institutions. The philosophical basis of the logic of norm sentences and of other systems of practical thinking (formal teleology, axiology, logic of preferences) is discussed. The author criticizes traditional deontic logic and argues in favor of a genuine logic of norms. The book gives a structure analysis of the so-called practical inference and of nomic causal propositions. Besides a critical account of von Wright's practical philosophy the author offers critical analyses of discourse rationality (Habermas, Apel, Alexy) and of Wittgenstein's views on philosophizing. The book addresses readers interested in philosophical logic, practical philosophy, sociology of institutions, legal philosophy, and theory democracy.

Law, Institution and Legal Politics

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Publisher : Springer Science & Business Media
ISBN 13 : 9401134588
Total Pages : 289 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Law, Institution and Legal Politics by : Ota Weinberger

Download or read book Law, Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

The Oxford Handbook on the Sources of International Law

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Publisher : Oxford University Press
ISBN 13 : 0198745362
Total Pages : 1233 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook on the Sources of International Law by : Samantha Besson

Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--

An Institutional Theory of Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9789027720795
Total Pages : 254 pages
Book Rating : 4.7/5 (27 download)

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Book Synopsis An Institutional Theory of Law by : N. MacCormick

Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 1986-01-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rights

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Publisher : NYU Press
ISBN 13 : 9780814757710
Total Pages : 504 pages
Book Rating : 4.7/5 (577 download)

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Book Synopsis Rights by : Carlos Nino

Download or read book Rights written by Carlos Nino and published by NYU Press. This book was released on 1992-08 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume concern the topic of legal rights, how they are related to morality, the place of rights on moral theory, and the legal recognition of rights.

The Law in Philosophical Perspectives

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Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Law in Philosophical Perspectives by : Luc J. Wintgens

Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Legal Monism

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Publisher : Oxford University Press
ISBN 13 : 0192516078
Total Pages : 360 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Legal Monism by : Paul Gragl

Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018-03-23 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.

Juristic Concept of the Validity of Statutory Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642276881
Total Pages : 603 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Juristic Concept of the Validity of Statutory Law by : Andrzej Grabowski

Download or read book Juristic Concept of the Validity of Statutory Law written by Andrzej Grabowski and published by Springer Science & Business Media. This book was released on 2013-06-24 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.