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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.
Legal theory and methods. Philosophy of law --- Public law. Constitutional law --- Law --- History --- geschiedenis --- grondrechten --- staatsrecht --- grondwet --- Constitutional law. --- Theories of Law, Philosophy of Law, Legal History. --- Legal History. --- Constitutional Law. --- Philosophy. --- History. --- Constitutional history --- Constitutional law
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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.
Legal theory and methods. Philosophy of law --- Law --- History --- filosofie --- geschiedenis --- recht --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Philosophy. --- History.
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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. .
Political philosophy. Social philosophy --- Politics --- Legal theory and methods. Philosophy of law --- History --- geschiedenis --- politiek --- politieke filosofie --- anno 2000-2099 --- Political philosophy. --- Political theory. --- Law—Philosophy. --- Law. --- Political Philosophy. --- Political Theory. --- Theories of Law, Philosophy of Law, Legal History.
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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.
Legal theory and methods. Philosophy of law --- Law --- Translation science --- Linguistics --- History --- geschiedenis --- vertalen --- linguïstiek --- Translating and interpreting. --- Language policy. --- Language Translation. --- Language Policy and Planning. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- History.
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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. .
Legal theory and methods. Philosophy of law --- Human rights --- Law --- History --- mensenrechten --- filosofie --- geschiedenis --- recht --- Human rights. --- Theories of Law, Philosophy of Law, Legal History. --- Human Rights. --- Philosophy of Law. --- Philosophy. --- History.
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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.
Legal theory and methods. Philosophy of law --- International private law --- Criminology. Victimology --- Criminal law. Criminal procedure --- Law of civil procedure --- Law --- History --- strafrecht --- geschiedenis --- criminologie --- meditatie --- criminaliteit --- conflictbemiddeling --- internationaal privaatrecht --- Pakistan --- Law—Philosophy. --- Law. --- Private international law. --- Conflict of laws. --- Law—History. --- Criminology. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Theories of Law, Philosophy of Law, Legal History. --- Private International Law, International & Foreign Law, Comparative Law . --- Legal History. --- Criminology and Criminal Justice, general. --- Dispute Resolution, Mediation, Arbitration.
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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.
Legal theory and methods. Philosophy of law --- Comparative law --- International private law --- International law --- Private law --- Law --- History --- rechtsvergelijking --- geschiedenis --- burgerlijk recht --- internationaal recht --- internationaal privaatrecht --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public law. --- Private International Law, International and Foreign Law, Comparative Law. --- Theories of Law, Philosophy of Law, Legal History. --- Public Law. --- Philosophy. --- History.
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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.
Legal theory and methods. Philosophy of law --- Comparative law --- International private law --- International law --- Law --- History --- rechtsvergelijking --- geschiedenis --- recht --- internationaal recht --- internationaal privaatrecht --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Law. --- Private International Law, International and Foreign Law, Comparative Law. --- Fundamentals of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- History.
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This book provides an introduction to human rights controversies in twentieth-century France, from the Dreyfus Affair at the beginning of the century, to the arguments over women and immigrants’ rights at its end. Using the Ligue des Droits de L’Homme (LDH) - or the League of the Rights of Man - as a narrative thread for this chronological study, the book tracks the gradual expansion of human rights in France in the wake of the two world wars, the Algerian quagmire and decolonisation more generally. Examining the capital role of the LDH whilst also highlighting the role of individuals and key activists, the book helps us to contextualise the quandaries faced by unseen minorities, particularly colonial subjects and women. The analysis also demonstrates the influence of French human rights activism on key international documents of human rights law, such as the Universal Declaration of Human Rights. The LDH occupies a central place in French justice debates and is therefore an ideal template to analyse the rising influence of humanitarianism and crimes against humanity in French causes célèbres from the 1970s onwards. However, the author goes further to look beyond the LDH and even France itself, offering wide-ranging surveys of dominant rights issues across Europe at any given period. Drawing on extensive research and interviews with key members of the LDH, this book provides an accessible overview of human rights struggles in twentieth-century France. Max Likin is a Lecturer in History at the Freedom Education Project Puget Sound (FEPPS) at the University of Puget Sound, USA, which provides a rigorous college program for incarcerated women in Washington State. Having previously taught at Harvard University, Max specialises in French justice debates on indivisible rights.
Politics --- Law --- World history --- History --- History of France --- History of Europe --- nieuwste tijd --- geschiedenis --- politiek --- sociale geschiedenis --- wereldpolitiek --- Europese geschiedenis --- nieuwe tijd --- anno 1500-1799 --- anno 1800-1999 --- France --- Europe --- Social history. --- World politics. --- History of Modern Europe. --- History of France. --- Social History. --- Legal History. --- Political History. --- 1492-. --- History. --- Human rights. --- Universal Declaration of Human Rights.
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This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups. Group vulnerability has become a common concept within legal and political scholarship but remains largely undertheorized as a phenomenon itself. At the same time, in academia and within legal circles, vulnerability is primarily understood as a phenomenon affecting individuals, and the attempts to identify vulnerable groups are discredited as essentialist and stereotypical. In contrast, this book demonstrates that a conception of group vulnerability is not only theoretically possible, but also politically and legally necessary. Two conceptions of group vulnerability are discussed: one focuses on systemic violence or oppression directed toward several individuals, while another requires a common positioning of individuals within a given context that conditions their agency, ability to cope with risks and uncertainties, and manage their consequences. By comparing these two definitions of group vulnerability and their implications, Macioce seeks a more precise delineation of the theoretical boundaries of the concept of group vulnerability.
Political philosophy. Social philosophy --- Sociological theory building --- Sociological theories --- Politics --- Legal theory and methods. Philosophy of law --- Law --- History --- sociale analyse --- geschiedenis --- politiek --- politieke filosofie --- Europese politiek --- Europe --- Political science. --- Political science --- Critical theory. --- Political Theory. --- Theories of Law, Philosophy of Law, Legal History. --- Political Philosophy. --- Critical Theory. --- European Politics. --- Philosophy. --- History. --- Politics and government. --- Critical theory --- Political aspects.
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