Legal Scholarship As A Source Of Law

Author: Fábio P. Shecaira
Publisher: Springer Science & Business Media
ISBN: 331900428X
Size: 53.14 MB
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This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​

A Theory Of Contestation

Author: Antje Wiener
Publisher: Springer
ISBN: 3642552358
Size: 69.38 MB
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The Theory of Contestation advances critical norms research in international relations. It scrutinises the uses of ‘contestation’ in international relations theories with regard to its descriptive and normative potential. To that end, critical investigations into international relations are conducted based on three thinking tools from public philosophy and the social sciences: The normativity premise, the diversity premise and cultural cosmopolitanism. The resulting theory of contestation entails four main features, namely types of norms, modes of contestation, segments of norms and the cycle of contestation. The theory distinguishes between the principle of contestedness and the practice of contestation and argues that, if contestedness is accepted as a meta-organising principle of global governance, regular access to contestation for all involved stakeholders will enhance legitimate governance in the global realm.

The Concept Of Time In Early Twentieth Century Philosophy

Author: Flavia Santoianni
Publisher: Springer
ISBN: 3319248952
Size: 56.93 MB
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This book presents a collection of authoritative contributions on the concept of time in early twentieth-century philosophy. It is structured in the form of a thematic atlas: each section is accompanied by relevant elementary logic maps that reproduce in a “spatial” form the directionalities (arguments and/or discourses) reported on in the text. The book is divided into three main sections, the first of which covers phenomenology and the perception of time by analyzing the works of Bergson, Husserl, Sartre, Merleau-Ponty, Deleuze, Guattari and Derrida. The second section focuses on the language and conceptualization of time, examining the works of Cassirer, Wittgenstein, Heidegger, Lacan, Ricoeur and Foucault, while the last section addresses the science and logic of time as they appear in the works of Guillaume, Einstein, Reichenbach, Prigogine and Barbour. The purpose of the book is threefold: to provide readers with a comprehensive overview of the concept of time in early twentieth-century philosophy; to show how conceptual reasoning can be supported by accompanying linguistic and spatial representations; and to stimulate novel research in the humanistic field concerning the complex role of graphic representations in the comprehension of concepts.

The Strategic Use Of International Law By The United Nations Security Council

Author: Rossana Deplano
Publisher: Springer
ISBN: 3319212818
Size: 35.72 MB
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The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.

The Paper Chase

Author: John Jay Osborn
Publisher:
ISBN: 9780983698005
Size: 26.68 MB
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Fiction. Fortieth anniversary edition with a new preface by the author. A best-selling book and award-winning film and television series, THE PAPER CHASE is at its heart the story of a young Midwesterner, James Hart, who finds himself in the great classrooms of Langdell Hall at Harvard Law School, locked in a zero-sum game with a dominating, omniscient deity: Professor Kingsfield, who asks not just for the student's mind, but for his soul. You quail at the exams, exult when you know the answers, love-hate Professor Kingsfield. It is also a love story that is as contemporary today as it was when the book was written, of a boy from the Midwest and a mysterious and demanding professor's daughter, who refuses to accept accepted wisdom or role models and demands from Hart a love that transcends law school and conventional norms.

Philosophy Of Development

Author: A.W. van Haaften
Publisher: Springer Science & Business Media
ISBN: 9401587825
Size: 11.19 MB
Format: PDF
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Philosophy of development is a fascinating area of research at the intersection of philosophy, psychology, and education. This book is unique in that it combines a broad sketch of contemporary developmental theory with detailed discussions of its central issues, in order to construct a general framework for understanding and analyzing theories of individual and collective development in various domains ranging from cognitive and moral development to developments in art. Special attention is also given to the rich relations between conceptual development and education.

Karl Marx

Author: ROBIN SMALL
Publisher: Springer Science & Business Media
ISBN: 9400776578
Size: 51.81 MB
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This book is an introduction to Karl Marx (1818–1883) as a radical educational thinker. Marx’s own schooling and education are examined and we see how his interest in educational issues was informed by his own experience. Educational themes in Marx’s thinking are identified: the role of education within capitalist society, the contribution of education to human development and the character of education in a future society. These are placed in a historical setting by the author and related to public debates over educational policy. Throughout his career, Marx identified education as key to the prospects of the working class. The story of this engagement adds a new dimension to the picture of his work as a philosopher, political economist and socialist revolutionary. The aspects of education that concerned Marx matched prominent features of his theoretical and political activity, and educational themes provided him with a critical application for many of his most important ideas. The author explores Marx’s work on the British factory school system, his use of evidence from the reports of school inspectors, and the contemporary movement that led to the establishment of modern systems of public schooling. The final chapter relates Marx’s thinking to questions about the place of education in today’s society, showing how relevant it is for the twenty-first century. These discussions contain new scholarship, draw on original sources and are written in a clear and readable style. Students in education courses at universities and colleges, educational researchers and teachers will find this examination of Karl Marx’s ideas concerning education both engaging and enlightening.

African Philosophical Illuminations

Author: John Murungi
Publisher: Springer
ISBN: 3319525603
Size: 24.61 MB
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The illumination of African philosophy offered in this volume leads to the illumination of philosophy in general. Illuminating arises as an essential task of philosophy, whether African or not. What is illuminated is not already there, but is constituted at the moment of illumination. This book invites the reader to participate in the illuminating work of philosophy and necessarily, thereby, to contribute to his or her own self-constituting self-illumination. Although the focus is on African philosophy, the book also bridges the gap between African philosophy and other branches. Today more than ever, a bridging philosophy is called for, and this book helps to meet that need. This book poses philosophical questions such as who is an African and what Africa is, and seeks philosophical answers. In doing so, it contributes to the ongoing discourse on African philosophy. It addresses such issues as the African grounding of philosophy, the difference between African and Black philosophy, the African body, African art as expressed in and by Chiwara, the plight of African trees as the plight of Africans, and the symbolic meaning of Robben Island.

An International Perspective On Design Protection Of Visible Spare Parts

Author: Dana Beldiman
Publisher: Springer
ISBN: 3319540602
Size: 50.84 MB
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This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Relational Autonomy And Family Law

Author: Jonathan Herring
Publisher: Springer Science & Business Media
ISBN: 3319049879
Size: 43.33 MB
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This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.