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Poznań School of Legal Theory /
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"This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value. Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law. The Poznań School has made several valuable contributions to contemporary legal theory: Its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent"--
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1 online resource. :
Includes bibliographical references and index. :
9789004448445
9789004446366
Law and the philosophy of action /
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This is the third volume of the new series Social, Political, andamp; Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years.
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"The present volume grew out of the conference Law and the Philosophy of Action that took place in the Institute de Investigaciones Jurídicas of the Universidad Nacional de México in September 2011"--Presentation. :
1 online resource (vi, 245 pages) :
Includes bibliographical references. :
9789401210966 :
Available to subscribing member institutions only.
Legal and Political Philosophy /
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Legal and Political Philosophy , edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy , published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies . The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.
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1 online resource :
Includes bibliographical references and index. :
9789004457911
9789042011038
The foundations of jurisprudence : an introduction to Imāmī Shīʿī legal theory /
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Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004311770 :
Available to subscribing member institutions only.
Appeal to the people's court : rethinking law, judging, and punishment /
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In Appeal to the People's Court: Rethinking Law, Judging, and Punishment , Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order. In the pragmatic tradition of turning from fixed and unchanging conceptions, the work rejects the view of law as a set of black and white rules, of judging as the mechanical application of law to facts, and of punishment as a necessary, punitive response to crime. The author, a municipal judge and philosophy professor, joins theory and practice to feature the citizen in rethinking these institutions. The work includes a foreword by Richard Hull, special Guest Editor for this volume in Studies in Jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004365711 :
0929-8436 ; :
Available to subscribing member institutions only.
Thinking like a lawyer : essays on legal history and general history for John Crook on his eightieth birthday /
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This is a book about the law and life of Rome-in which contributors respond to John Crook's injunction to 'think like lawyers' by ranging as far as ancient Greece, ancient Persia and modern Denmark to expound their themes and draw comparisons. An opening section focuses on Civil Law, more or less as conventionally conceived, with chapters on the peculium, on municipal law at Irni in Roman Spain, on advisers of Roman provincial governors, and on violent crime. Roman perceptions of the physical and human worlds are the focus of a second section, and comparisons between Greek, Roman and modern ways of thinking about law and government come into the third section. In the final section, contributors argue the history of law and life from refractions of real and imagined Rome.
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1 online resource (xii, 301 pages) :
Includes bibliographical references and index. :
9789047401384 :
0169-8958 ; :
Available to subscribing member institutions only.
Law : metaphysics, meaning, and objectivity /
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Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
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1 online resource (335 pages) :
Includes bibliographical references. :
9789401205658 :
Available to subscribing member institutions only.
Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology /
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This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.
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1 online resource (180 pages) : illustrations. :
Includes bibliographical references and index. :
9789004536814
9789004544000
Law and legal theory /
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What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
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1 online resource. :
Includes bibliographical references and index. :
9789004262935
Looking Within: Finding an Environmental Justice and Global Citizenship Lens /
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Can we adopt human rights concepts, long used to frame problems of social justice, to define environmental justice? Can existing social institutions provide models and tools for achieving environmental justice? This volume views old models of agency through new lenses and examines how several social institutions, such as law, education and health care, address specific environmental problems. The volume presents arguments for human obligations towards the environment and future generations. Scholars assess the limitations of existing models and others point to recent failures in protecting the interests of indigenous groups or species. And on a hopeful note, examples are given of institutions that promise some success in effecting environmental goals. As this discussion of citizenship suggests, much like environmental justice, a global context both in definition and application is required.
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1 online resource. :
Includes bibliographical references and index. :
9781848882515
Sprachphilosophie in der islamischen Rechtstheorie : Zur avicennischen Klassifikation der Bezeichnung bei Faḫr ad-dīn ar-Rāzī (gest. 1210) /
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In Sprachphilosophie in der islamischen Rechtstheorie untersucht Nora Kalbarczyk das bedeutende rechtstheoretische Werk al-Maḥṣūl fī ʿilm uṣūl al-fiqh von Faḫr ad-dīn ar-Rāzī (gest. 1210). Anhand einer detaillierten Analyse der sprachtheoretischen Abhandlung dieses Werks beleuchtet sie den Einfluss der philosophischen Tradition auf die islamische Rechtstheorie ( uṣūl al-fiqh ) in der sogenannten post-avicennischen Ära (11.-14 Jh.). Im Zentrum steht dabei eine Klassifikation der Bezeichnung ( dalāla ), die sich auf Ibn Sīnā (lat. Avicenna, gest. 1037) zurückführen lässt: Ein Wort kann eine Bedeutung auf dem Wege der Kongruenz ( muṭābaqa ), der Inklusion ( taḍammun ) oder der Implikation ( iltizām ) bezeichnen. Die Autorin zeigt auf, wie Faḫr ad-dīn ar-Rāzī auf der Grundlage der avicennischen Bezeichnungstheorie ein hermeneutisches Instrumentarium entwickelt, das nicht nur für die arabische Philosophie selbst relevant ist, sondern auch für verschiedene Fragestellungen der islamischen Rechtstheorie fruchtbar gemacht wird. In Sprachphilosophie in der islamischen Rechtstheorie Nora Kalbarczyk examines the influential jurisprudential work al-Maḥṣūl fī ʿilm uṣūl al-fiqh (d. 1210). By means of a detailed analysis of the linguistic treatise of this work she highlights the impact of the philosophical tradition on Islamic legal theory (uṣūl al-fiqh) in the so-called post-Avicennian era (11th-14th c.). Her main focus lies on a classification of signification ( dalāla ) that can be traced back to Ibn Sīnā (lat. Avicenna, d. 1037): a word may signify a meaning by way of congruence ( muṭābaqa ), containment ( taḍammun ) or implication ( iltizām ). The author shows how Faḫr ad-dīn ar-Rāzī develops - on the basis of the Avicennian theory of signification - a hermeneutic toolbox which is not only relevant in the context of Arabic philosophy but also useful for different questions of Islamic legal theory.
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1 online resource (250 pages) :
Includes bibliographical references and index. :
9789004366336 :
Available to subscribing member institutions only.
Hans Kelsen and the natural law tradition /
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Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen's critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen's critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen's engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.
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Includes papers presented at "Hans Kelsen and the Natural Law Tradition : An International, Interdisciplinary Conference" hosted at Edge Hill University, UK in September 2013.--ECIP Acknowledgements. :
1 online resource. :
Includes bibliographical references and index. :
9789004390393 :
2211-2014 ;
God in the courtroom : the transformation of courtroom oath and perjury between Islamic and Franco-Egyptian law /
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This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
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1 online resource (xiii, 412 pages) : illustrations. :
Includes bibliographical references (p. [397]-404) and index. :
9789004217515 :
1384-1130 ; :
Available to subscribing member institutions only.