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Ever since Hart´s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials´ beliefs that they are under a duty qua members of an institution, and they do not explain officials´ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials´ beliefs in institutional duties, and officials´ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.
Practice of law -- Philosophy. --- Practice of law --- Law, Politics & Government --- Philosophy & Religion --- Law, General & Comparative --- Philosophy --- Philosophy. --- Law --- Law practice --- Practice --- Ethics. --- Political science. --- Law. --- Demography. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History.
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"What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownershipâof privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts."--Publisher's website.
Book history --- Industrial and intellectual property --- privileges [permissions] --- copyright --- 347.78 --- 347.78 Auteursrecht --- Auteursrecht --- Copyright --- History. --- law --- book history --- cultural studies --- legal history --- intellectual property --- creative commons --- copyright history --- public domain --- john milton --- aesthetics --- copyright law --- patent --- censorship --- Monopoly
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Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Judicial process --Brazil. --- Judicial process --Germany. --- Judicial process. --- Justice, Administration of --Brazil. --- Justice, Administration of --Germany. --- Justice, Administration of. --- Political questions and judicial power --Brazil. --- Political questions and judicial power --Germany. --- Political questions and judicial power. --- Political questions and judicial power --- Judicial process --- Justice, Administration of --- Philosophy & Religion --- Law, Politics & Government --- Philosophy --- Law, General & Comparative --- Constitutional law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Interpretation and construction --- Philosophy. --- Political science. --- Law. --- Law --- Philosophy of Law. --- Law, general. --- Theories of Law, Philosophy of Law, Legal History. --- Constitutional Law. --- Public law --- Administrative law --- Philosophy of law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law—Philosophy. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Deutschland --- Brasilien --- History. --- Legal history --- History and criticism
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The debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.
Freedom of speech. --- Freedom of speech --- Legal polycentricity --- Human Rights --- Philosophy --- Philosophy & Religion --- Law, Politics & Government --- Freedom of expression. --- Expression, Freedom of --- Free expression --- Liberty of expression --- Law. --- Political science. --- Political philosophy. --- Law --- Constitutional law. --- Human rights. --- Human Rights. --- Law, general. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Constitutional Law. --- Political Philosophy. --- Philosophy. --- Civil rights --- Philosophy of law. --- Political science --- Political philosophy --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- Law—Philosophy. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- History. --- Legal history --- History and criticism
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Justice between generations is still not as prominent on any agenda as justice between rich and poor or men and women. For the first time, this three-part book explores the situation of young people of today in comparison to their direct predecessors. The first part, The Financial Situation of the Young Generation in a Generational Comparison, deals with this generation's financial standing; the second part, The Rush Hour of Life, examines their time restrictions. Both are considered from a life-course perspective. The third part, On the Path to Gerontocracy?, addresses the demographic shift in favor of the elderly in aging Western democracies.
Young adults -- Employment -- Europe. --- Young adults -- Europe -- Social conditions. --- Young adults --- Sociology & Social History --- Business & Economics --- Labor & Workers' Economics --- Social Conditions --- Social Sciences --- Employment --- Social conditions --- Finance, Personal. --- Youth --- Legal status, laws, etc. --- Young people --- Young persons --- Youngsters --- Youths --- Finance, Personal --- Financial management, Personal --- Financial planning, Personal --- Personal finance --- Personal financial management --- Personal financial planning --- Planning --- Social sciences. --- Medical research. --- Law --- Law. --- Population. --- Quality of life. --- Demography. --- Social Sciences. --- Quality of Life Research. --- Population Economics. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- Age groups --- Life cycle, Human --- Finance --- Financial literacy --- Quality of Life --- Research. --- Human population --- Human populations --- Population growth --- Populations, Human --- Economics --- Human ecology --- Sociology --- Demography --- Malthusianism --- Historical demography --- Social sciences --- Population --- Vital statistics --- Life, Quality of --- Economic history --- Life --- Social history --- Basic needs --- Human comfort --- Social accounting --- Work-life balance --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Population and Demography. --- Economic aspects. --- History. --- Legal history --- History and criticism
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In recent years, justice-related issues have figured prominently on the international agenda. This expansion of the justice space is a product of a growing demand for accountability in world politics. Whether the issue is addressing heinous crimes such as genocide, war crimes and crimes against humanity in situations of armed conflict, confronting the inability or reluctance of governments to protect their own populations, or responding to the challenges posed by transnational terrorism, the international community has witnessed the proliferation of institutions and mechanisms, as well as the dynamic interplay between domestic and international processes, in the pursuit of justice-sensitive outcomes. International and hybrid tribunals, UN-led and domestic counter-terrorist initiatives, and the use of force for human protection purposes have demarcated the space within which ethical, political, and legal debates have unfolded in the quest for a more humane world order. In International Criminal Justice: Legal and Theoretical Perspectives, the authors address some of the most important debates surrounding key mechanisms and processes involved in this quest, and assess the merits of contending approaches to the promotion of international justice norms. This volume will contribute to the ongoing debate on the challenges, as well as opportunities, facing the justice agenda in its effort to shape developments in an increasingly interdependent world. .
Criminal procedure (International law). --- International criminal law --- Social Welfare & Social Work --- Law, Politics & Government --- Social Sciences --- Criminology, Penology & Juvenile Delinquency --- Law, General & Comparative --- Criminal law, International --- ICL (International criminal law) --- Law. --- Law --- Criminology and Criminal Justice. --- Criminology and Criminal Justice, general. --- Theories of Law, Philosophy of Law, Legal History. --- Law, general. --- Philosophy. --- Criminology. --- Crime --- Social sciences --- Criminals --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Study and teaching --- Law—Philosophy. --- Social sciences.
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The "Theory of Macrojustice”, introduced by S.-C. Kolm, is a stimulating contribution to the debate on the macroeconomic income distribution. The solution called “Equal Labour Income Equalisation” (ELIE) is the result of a three stages construction: collective agreement on the scheme of labour income redistribution, collective agreement on the degree of equalisation to be chosen in that framework, individual freedom to exploit his--her personal productive capicities (the source of labour income and the sole basis for taxation). This book is organised as a discussion around four complementary themes: philosophical aspects of macrojustice, economic analysis of macrojustice, combination of ELIE with other targeted tranfers, econometric evaluations of ELIE.
Distributive justice. --- Economics -- Moral and ethical aspects. --- Income distribution. --- Kolm, Serge-Christophe. --- Distributive justice --- Income distribution --- Economics --- Wealth --- Poverty --- Political Science --- Business & Economics --- Law, Politics & Government --- Economic Theory --- Public Finance --- Moral and ethical aspects --- Distribution (Economic theory) --- Political science. --- Political philosophy. --- Law --- Law. --- Economic theory. --- Econometrics. --- Public finance. --- Economics. --- Public Economics. --- Political Philosophy. --- Political Science. --- Theories of Law, Philosophy of Law, Legal History. --- Economic Theory/Quantitative Economics/Mathematical Methods. --- Philosophy. --- Distribution of income --- Income inequality --- Inequality of income --- Disposable income --- Kolm, S.-Ch.
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This book discusses legality, one of the four main principles of criminal law, and is divided into six parts, according to the scientific understanding of this key concept. Chapter 1 explores the relation between legality and the general theory of criminal law in the context of the structure and development of legality in human society. This chapter also outlines the four secondary principles of legality and describes them in general terms. Chapters 2-5 discuss in detail each of the four secondary principles (Legitimate Sources of the Criminal Norm; Applicability of the Criminal Norm in Time; Applicability of the Criminal Norm in Place; and Interpretation of the Criminal Norm). Finally, Chapter 6 rounds out the discussion by addressing the problem of the conflict of laws.
Criminal jurisdiction. --- Criminal law. --- International crimes. --- International criminal courts. --- Criminal law --- Law, Politics & Government --- Law, General & Comparative --- Philosophy --- Criminal procedure --- Criminal justice, Administration of --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Law and legislation --- Legal status, laws, etc. --- Law. --- Law --- International criminal law. --- International Criminal Law. --- Criminal Law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- Pleas of the crown --- Public law --- International Criminal Law . --- Criminal Law and Criminal Procedure Law. --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Criminal law, International --- ICL (International criminal law) --- International law --- Criminal jurisdiction --- International crimes
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This book examines the progress to date in the many facets – conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practice of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take. A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences, as well as those who are interested in the interdisciplinary dynamics of law and semiotics. “The dependence of law upon the media of its transmission has long constituted a controversial open border with other disciplines. Prospects of Legal Semiotics takes a radical and expansive view of possible frameworks for addressing the signs of law in an increasingly virtual and predominantly visual epoch of global dissemination. Wagner and Broekman are especially to be commended for the imaginative and rigorous manner in which they have opened legal semiotics to a novel methodological interrogation at the same time as they have encouraged analyses that go beyond the established jurisdiction of law”. Peter Goodrich Professor of Law, Cardozo School of Law New York - USA.
Law -- Philosophy. --- Legislation. --- Semantics (Law). --- Semiotics (Law). --- Semiotics (Law) --- Law, Politics & Government --- Philosophy & Religion --- Philosophy --- Law, General & Comparative --- Law --- Language. --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Law. --- Logic. --- Political science. --- Linguistics. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Linguistics, general. --- Philosophy. --- Bill drafting --- Philosophy of law. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Psychology --- Science --- Reasoning --- Thought and thinking --- Methodology --- Law—Philosophy. --- Linguistic science --- Science of language --- Language and languages --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Argumentation. --- Language and logic -- Congresses. --- Law -- Methodology -- Congresses. --- Logic -- Congresses. --- Law --- Philosophy & Religion --- Law, Politics & Government --- Law, General & Comparative --- Philosophy --- Methodology --- Sociological jurisprudence. --- Rationalism. --- Philosophy. --- Law. --- Political science. --- Logic. --- Artificial intelligence. --- Theories of Law, Philosophy of Law, Legal History. --- History of Philosophy. --- Political Science. --- Artificial Intelligence (incl. Robotics). --- Jurisprudence --- Knowledge, Theory of --- Religion --- Belief and doubt --- Deism --- Free thought --- Realism --- Law and society --- Society and law --- Sociology of law --- Sociology --- Law and the social sciences --- Philosophy (General). --- Artificial Intelligence. --- AI (Artificial intelligence) --- Artificial thinking --- Electronic brains --- Intellectronics --- Intelligence, Artificial --- Intelligent machines --- Machine intelligence --- Thinking, Artificial --- Bionics --- Cognitive science --- Digital computer simulation --- Electronic data processing --- Logic machines --- Machine theory --- Self-organizing systems --- Simulation methods --- Fifth generation computers --- Neural computers --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Psychology --- Science --- Reasoning --- Thought and thinking --- Law—Philosophy. --- Mental philosophy --- Humanities --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- History. --- Legal history --- History and criticism
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