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This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step...
Editeur :
OUP Oxford
Parution :
2008-03-20
PDF
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The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from...
Editeur :
OUP Oxford
Parution :
2008-03-06
PDF
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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to...
Editeur :
OUP Oxford
Parution :
2008-03-06
ePub
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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to...
Editeur :
OUP Oxford
Parution :
2008-03-06
PDF
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Hans Kelsen is commonly considered to be among the founding fathers of modern legal philosophy. Despite Kelsen's prominence as a legal theorist, his political theory has so far been mostly overlooked. This book argues that Kelsen's legal theory, the Pure Theory of Law,...
Editeur :
OUP Oxford
Parution :
2007-09-06
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The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law.
Using primarily English...
Editeur :
OUP Oxford
Parution :
2007-09-06
ePub
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Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal...
Editeur :
OUP Oxford
Parution :
2006-09-28
ePub
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Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and...
Editeur :
OUP Oxford
Parution :
2006-09-14
ePub
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In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan...
Editeur :
Oxford University Press
Parution :
2004-01-15
PDF, ePub
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Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its publication in...
Editeur :
OUP Oxford
Parution :
2001-05-31
ePub
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When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent...
Editeur :
OUP Oxford
Parution :
1999-03-11
ePub
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Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students?Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed?Would you want to be tried by a legal system...
Editeur :
Oxford University Press
Parution :
1997-10-30
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When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if...
Editeur :
OUP Oxford
Parution :
1996-10-10
ePub
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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements...
Editeur :
Clarendon Press
Parution :
1995-06-08
ePub
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Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a...
Editeur :
Clarendon Press
Parution :
1995-04-06
PDF
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What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically...
Editeur :
Clarendon Press
Parution :
1994-08-11
ePub
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Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a...
Editeur :
Clarendon Press
Parution :
1993-08-19
ePub
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This book traces the influence of philosophical ideas on the development of contract law from the post-Roman period through to the nineteenth century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Thomas Aquinas. Although primarily a...
Editeur :
Clarendon Press
Parution :
1993-02-11
PDF
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This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both...
Editeur :
Clarendon Press
Parution :
1991-08-22
ePub
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This book traces the influence of philosophical ideas on the development of contract law from the post-Roman period through to the nineteenth century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Thomas Aquinas. Although primarily a...
Editeur :
Clarendon Press
Parution :
1991-06-13
ePub
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