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Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant andAristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinri
Civil law -- Philosophy -- Congresses. --- Civil law -- Philosophy. --- Civil law.
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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law.This new edition focuses even more intently upon the narrative aspect of critical legal thinking an
Law --- Jurisprudence --- Philosophy. --- Philosophy --- Law - Philosophy
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Law (Philosophical concept) --- Law (Philosophy) --- Philosophy
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Law --- Law (Philosophical concept) --- Law (Philosophy) --- Philosophy --- Jurisprudence --- Philosophy. --- Kames,
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This book defines the characteristics of a new discipline that is both legal and scientific: user-friendly legal science. Focusing on how legal tools and practices can be used to achieve objectives in different contexts, it offers an alternative to doctrinal research, law-and-something disciplines, and the traditional interdisciplinary approach. The book not only defines the new discipline’s research approach, point of view, theory-building, and research methods, it also shows how it relates to other scientific disciplines and how existing doctrinal legal disciplines can be upgraded into scientific disciplines.
Law. --- Law --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- Jurisprudence. --- Philosophy --- Jurisprudence --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Law—Philosophy.
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This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Law—Philosophy. --- Law. --- Theories of Law, Philosophy of Law, Legal History. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.
Law—Philosophy. --- Law. --- Political science. --- Constitutional law. --- Ethics. --- Law—Europe. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Constitutional Law. --- European Law.
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This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
Law --- Philosophy --- Methodology --- Methodology. --- Philosophy. --- General and Others --- Legal reasoning --- Jurisprudence --- Law - Philosophy --- Law - Methodology
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This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Legal theory and methods. Philosophy of law --- Compensation (Law) --- Philosophy --- Congresses. --- Law --- Compensation (Law) - Philosophy - Congresses.
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Provability, Computability and Reflection
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