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Constitutional History of Transylvania
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ISBN: 9783031221668 9783031221651 9783031221675 9783031221682 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance. The book’s main goal is to provide, for the first time in English, a comprehensive source for those interested in the variety of states, constitutional and public legal orders which have succeeded one another during Transylvania’s tumultuous history. It serves to underline the region’s uniqueness as a space where (for better or worse) several nationalities, multiple religions and varied cultures have had to find a way to get along, under the pressures of external state and constitutional orders. It seeks to show both the positive and the negative solutions found, which advanced or hindered this goal of organised coexistence.


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Legal Encounters on the Medieval Globe
Authors: --- --- --- --- --- et al.
ISBN: 9781942401094 9781942401117 1942401094 1942401116 1641899425 Year: 2017 Publisher: Leeds

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Abstract

Law has been a primary locus and vehicle of contact across human history - as a system of ideas embodied in people and enacted on bodies; and also as a material, textual, and sensory 'thing'. This volume analyzes a variety of legal encounters ranging from South Asia to South and Central America, Africa, the Middle East, and Europe. The seven essays also explore various material expressions of law that reveal the complexity and intensity of cross-cultural contact in this pivotal era.


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Handbook of the history of the philosophy of law and social philosophy. Volume 2, From Kant to Nietzsche
Authors: --- ---
ISBN: 9783031195464 9783031195457 9783031195471 9783031195488 3031195450 Year: 2023 Publisher: Cham: Springer Nature Switzerland,

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This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.


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The Ethics of Citizenship in the 21st Century
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ISBN: 9783319504155 Year: 2017 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This collection of essays offers thoughtful discussions of major challenges confronting the theory and practice of citizenship in a globalized, socially fragmented, and multicultural world. The traditional concept of citizenship as a shared ethnic, religious, and/or cultural identity has limited relevance in a multicultural world, and even the connection between citizenship and national belonging has been put in jeopardy by increasing levels of international migration and mobility, not to mention the pervasive influence of a global economy and mass media, whose symbols and values cut across national boundaries. Issues addressed include the ethical and practical value of patriotism in a globalized world, the standing of conscience claims in a morally diverse society, the problem of citizen complicity in national and global injustice, and the prospects for a principled acceptance by practising Muslims of a liberal constitutional order. In spite of the impressive diversity of philosophical traditions represented in this collection, including liberalism, pragmatism, Confucianism, Platonism, Thomism, and Islam, all of the volume’s contributors would agree that the crisis of modern citizenship is a crisis of the ethical values that give shape, form, and meaning to modern social life. This is one of the few edited volumes of its kind to combine penetrating ethical discussion with an impressive breadth of philosophical traditions and approaches. .


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On the Standardization of Chinese Legislative Language
Authors: ---
ISBN: 9789819926336 9789819926329 9789819926343 9789819926350 Year: 2023 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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By integrating different research angles and methods of philosophy of law, sociology of law, applied linguistics, and legal translation, this book presents a groundbreaking approach to the non-standardization phenomenon in Chinese legislative language, unveils the underlying causes and adverse effects thereof, and provides potential principles, strategies, and methods to be followed in the standardization of Chinese legislative language. Divided into three parts, this book firstly talks about the fuzziness of language, addressing both the active and negative influences thereof on the legislation; secondly approaches the non-standardization phenomenon in Chinese legislative language from the perspective of philosophy of law; and thirdly offers a comprehensive studies on the standardization of Chinese legislative language, offering possible solutions to address the above-mentioned problems and promote the standardized development of law making. This book facilitates the legal practitioners, jurists, law students, legal translators as well as the non-experts to get a better understanding of the mechanism and process of legislation and improve their skills and capacities in apprehending and translating Chinese laws and regulations.


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Grounding Human Rights in Human Nature
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ISBN: 9783031307348 9783031307331 9783031307355 9783031307362 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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What does it mean that human rights derive from human dignity? And what is the foundation of human dignity? How are human dignity and its foundation connected? Is the recent development of natural sciences dealing with human nature, like evolutionary psychology, relevant to these questions? The book addresses these points by connecting the discussion on the foundations of human rights with the recent claims regarding human nature made in evolutionary psychology, and with contemporary analytic metaphysics, especially the relation of metaphysical grounding. It offers in-depth insights into the so-called naturalistic approach to human rights, together with detailed proposals on how the approach could be truly naturalized in the philosophical sense. It shows how human rights and human dignity may have foundations in natural facts about human nature and offers a detailed analysis of how the “is” / “ought” gap problematic can be solved. The book also addresses the objection of Western ethnocentrism – unlike most of the contemporary philosophical accounts of human rights, which draw on highly individualistic Western concepts, it employs concepts like altruism and cooperation. .


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The Dynamics of Judicial Independence : A Comparative Study of Courts in Malaysia and Pakistan
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ISBN: 9783319498843 Year: 2017 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.


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A cultural history of law
Authors: --- --- --- --- --- et al.
ISBN: 9781474212854 9781474212298 9781474212533 9781474212649 9781474212656 9781474212748 9781474212779 1474212859 1474212298 1474212530 1474212646 1474212654 1474212743 1474212778 9781350079236 9781350079243 9781350079274 9781350079281 9781350079298 9781350079304 9781350079267 9781350079250 9781350079311 9781350079328 9781350079335 9781350079342 Year: 2019 Publisher: London, UK Bloomsbury Academic


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Behavioral Public Choice Economics and the Law
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ISBN: 9789811932304 9789811932298 9789811932311 9789811932328 Year: 2022 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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This book provides an accessible introduction to the emerging field of behavioral public choice economics and the law. This field studies how public officials, lawmakers, and judges fall prey to their own biases and heuristics, and how constitutions and judicial doctrines can be structured to mitigate these cognitive shortcomings. Written lucidly in plain language, this book is invaluable to all students, scholars, and general readers interested in behavioral economics, law and economics, and political economy.


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On Contemporary Chinese Legal System
Authors: ---
ISBN: 9789819925056 9789819925049 9789819925063 9789819925070 Year: 2023 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.

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