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Selected Articles B. McLachlin: Imagining the Other: Legal Rights and Diversity in the Modern World A. R. Bernstein: Rawls' Law of Peoples on Just War, Human Rights and Toleration C. Brown: Decent Peoples, Outlaw States, Burdened Societies Kok-chor Tan: Nationalism and Cosmopolitanism in The Law of Peoples A. Macleod: Rawls on Human Rights D. A. Reidy: Rawls on Global Economic Justice I. Trujillo: How Can the International Duty of Assistance Be Justified F. J. Blazques Ruiz: Derechos humanos, Globalizacion, Migraciones J. A Baker: The Conceptual Geography of Restorative Justice H. Khatchadourian: Compensation & Reparation as Forms of Compensatory Justice R. Madrid: Deconstruction and Universality of Law B. Bravo Lira: Fortdauer und Problematik des Rechtsstaats in Iberoamerika R. Tamayo: Rights, Distribution, and Access to Justice I. B. Flores: Assessing Democracy and Rule of Law: Access to Justice R. Vazquez: On Equality and Education S. Morimura: The Nature of Obligation to Future Generations F. Fernandez-Creuhet Lopez: Good Practice: a Critical View M. J. Falcon y Tella: The Presumption of Innocence and Civil Disobedience C. B. Gray: Two Visions of Equality a.o.
Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
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.
How can fair cooperation and a stable peace be reached in the international realm? Peace, Justice and International Order discusses this question in the light of John Rawls' The Law of Peoples, offers a new approach to Rawls' international theory and contributes to the discourse on international peace and justice.
Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles' Antigone M. Sandstr�m: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of �legal system� in comparative law and legal theory S. Schaumburg-Mueller: Truth, Law, and Human Rights P. Sommaggio: Boethius' definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies - A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory.
Apart from considering classical theories of justice from Aristotle, Plato, Saint Thomas Aquinas, the Bible, and the Quran, the aim of Justice and Law is to focus on the contemporary vista, reviewing some of the modern ideas of justice advanced by legal philosophers of our time, such as John Rawls, Jürgen Habermas, Ronald Dworkin, Robert Nozick, Richard A. Posner, Wojciech Sadurski, Marxism, or Feminist Theories. In the second part of the work, María José Falcón y Tella deals with some of the principal themes relating to justice, such as punishment, civil disobedience, conscientious objection, just war, conflict of duties, and tolerance.
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.
Between Cosmopolitan Ideals and State Sovereignty explores how philosophers and political theorists have recast principles of justice and human rights in the light of challenges posed by globalization. It discusses ethical issues that arise at a global level and considers whether human rights and sovereignty can ever be reconciled.