Jurisprudence 97

Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Al……続きを見る

Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundati……続きを見る

Hans Vaihinger (1852–1933) was an important and fascinating figure in German philosophy in the early twentieth century, founding the well-known journal Kant-Studien. Yet he was overshadowed by the b……続きを見る

This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external a……続きを見る

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between ……続きを見る

In the case law publication "Regina v Brown," the Parliament of the United Kingdom examines a pivotal legal decision regarding the boundaries of consent in private sadomasochistic practices. This la……続きを見る

In the "Brief Amicus Curiae of the American Psychological Association," the Supreme Court of the State of California explores critical intersections of law and psychology, focusing on how psychologi……続きを見る

This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premi……続きを見る

This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counter……続きを見る

The European Union (EU) has a hugely important effect on the way in which environmental policies are framed, designed and implemented in many parts of the world, but especially Europe. The new editi……続きを見る

Examines LatCrit’s emergence as a scholarly and activist community within and beyond the US legal academy Emerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider j……続きを見る

No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how ……続きを見る

Despite the tremendous progress in the development of scientific knowledge, the understanding of the causes of poverty and inequality, and the role of politics and governance in addressing modern ch……続きを見る

Un enfoque integral de la obra de un autor controvertido y original se beneficia enormemente de la comprensión de los contextos teóricos y sociales donde surgió. Demuestra que una obra no solo respo……続きを見る

Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend religious sensibilities. It is often argu……続きを見る

I "Naturlig ret" analyserer Severin Christensen begrebet "retfærdighed" i et historisk perspektiv. Han opstiller og diskuterer to forskellige definitioner af begrebet: Den ene peger på, at retfærdig……続きを見る

Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of……続きを見る

This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to underst……続きを見る

Algorithms influence every facet of modern life: criminal justice, education, housing, entertainment, elections, social media, news feeds, work… the list goes on. Delegating important decisions to m……続きを見る

Findes der en grænse for flertallets magt og for statens formynderi? Kan der formuleres et socialt princip, som sikrer fredeligt samarbejde? Hvordan sikres den enkeltes ret, så den ikke tilsidesætte……続きを見る

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectiv……続きを見る

Preben Wilhjelm bygger i K**ampen for retsstaten videre på sit kerneområde - den jura, som er grundlaget for, at et demokratisk samfund kan fungere. Bogen udkommer i anledning af 100-året for Retsre……続きを見る

Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Progressive legal and political thi……続きを見る

Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are mo……続きを見る

This is the seventh volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurispruden……続きを見る

Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and p……続きを見る

We speak of the right to know with relative ease. You have the right to know the results of a medical test or to be informed about the collection and use of personal data. But what exactly is the ri……続きを見る

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judi……続きを見る

This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is dire……続きを見る

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of ……続きを見る