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Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Oxford Private Law Theory)

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

The Methodology of Constitutional Theory (Hart Studies in Constitutional Theory)

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

The Methodology of Constitutional Theory (Hart Studies in Constitutional Theory)

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

Methodology of Islamic Economics: Problems and Solutions (Islamic Business and Finance Series)

In its pursuit to equip the reader with a basic knowledge of Islamic economics, this book divulges the micro-foundations of the discipline, and highlights the predominant schools of thought that exist in the field. It explains, in simple terms, what Islamic economics entails and how it can be studied as a science in relation to the Holy Quran, the Sunnah and the Islamic intellectual tradition based on these two sources. The book familiarizes the reader with knowledge of the basic maxims of the discipline. It then establishes the arguments that are presented by the proponents of religion-based economics, specifically Islam, and apprises readers about the aforementioned schools as they exist. A number of chapters consider the dimension of the dilemmas the discipline is facing, and the chronological progress of the field is reviewed, hence providing a comprehensive overview of the topic. The book deals with the issues about the origins of Islamic economics, the basic methodological questions, the use of the opportunities offered by fiqh in the methodological discussions and the main problems arising from the encounter with other cultures and civilizations. It offers practical solutions, despite the differing schools of thought, not unlike the development of conventional Economics where radical differences between Keynesian, Classical and Monetarist approaches existed. It concludes by incorporating some of the finest works that explain to the reader how Islamic economics may progress as a discipline. This guide will provide both students and researchers in Comparative Economic Studies, Islamic Economics and Islamic Finance with an essential overview of the field.

Methodology of Islamic Economics: Problems and Solutions (Islamic Business and Finance Series)

In its pursuit to equip the reader with a basic knowledge of Islamic economics, this book divulges the micro-foundations of the discipline, and highlights the predominant schools of thought that exist in the field. It explains, in simple terms, what Islamic economics entails and how it can be studied as a science in relation to the Holy Quran, the Sunnah and the Islamic intellectual tradition based on these two sources. The book familiarizes the reader with knowledge of the basic maxims of the discipline. It then establishes the arguments that are presented by the proponents of religion-based economics, specifically Islam, and apprises readers about the aforementioned schools as they exist. A number of chapters consider the dimension of the dilemmas the discipline is facing, and the chronological progress of the field is reviewed, hence providing a comprehensive overview of the topic. The book deals with the issues about the origins of Islamic economics, the basic methodological questions, the use of the opportunities offered by fiqh in the methodological discussions and the main problems arising from the encounter with other cultures and civilizations. It offers practical solutions, despite the differing schools of thought, not unlike the development of conventional Economics where radical differences between Keynesian, Classical and Monetarist approaches existed. It concludes by incorporating some of the finest works that explain to the reader how Islamic economics may progress as a discipline. This guide will provide both students and researchers in Comparative Economic Studies, Islamic Economics and Islamic Finance with an essential overview of the field.

Methodology of Judicial Proof and Presumption (Masterpieces of Contemporary Jurisprudents in China)

This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.

The Methodology of Legal Theory: Volume I

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

The Methodology of Legal Theory: Volume I

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

Methodology of the Social Sciences, Ethics, and Economics in the Newer Historical School: From Max Weber and Rickert to Sombart and Rothacker (Ethical Economy)

The volume at hand gives an exposition of the tradition of the Historical School of Economics and of the Geisteswissenschaften or human sciences, the latter in their development within the Historical School as well as in Neo-Kantianism and the sociology of knowledge. It continues the discussion started in the year 1994 on the Older Historical School of Economics and the 19th century German contribution to an ethical theory of economics with the Newer Historical School of the 20th century. Economists, social scientists, and philosophers examine the contribution of this tradition and its impact for present theory. The schools of thought and their approaches to economics as well as to the cultural and social sciences are examined here not as much for their historical interest as for their poten­ tial systematic contribution to the contemporary debates on economic ethics, economics, sociology, and philosophy. The volume at hand contains the proceedings of the Fourth Annual SEEP-Conference on Economic Ethics and Philosophy in 1996, "Economics and Ethics in the Historical School. Part B: Max Weber, Heinrich Rickert, Max Scheler, Werner Sombart, Arthur Spiethoff, John Commons, Alfred Marshall, and Others", held at Marienrode Monastery near Hannover, Germa­ ny, on March 27-30th, 1996, together with several additional invited papers.

Methodology of Uniform Contract Law: The UNIDROIT Principles in International Legal Doctrine and Practice

This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.

Methods and Legal Comparison: Challenges for Methodological Pluralism

This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.

Methods in Bioethics: The Way We Reason Now

This book provides an overview and critical discussion of the main philosophical methods that have dominated the field of bioethics since its origins in the late 1960s and early 1970s. The first three chapters outline some influential theories that are important to understanding the methodological approaches that follow. Chapter 1 offers a survey of the theory of principlism as expounded by Tom Beauchamp and James Childress, Chapter 2 examines Bernard Gert's defense of common morality, and Chapter 3 discusses the so-called "new casuistry." The next three chapters trace a historical dialectic. Chapter 4 explores the shift that has increasingly occurred in bioethics away from the pursuit of objectivity or truth and towards narrative ethics, while Chapter 5 uncovers the "classical" roots of American pragmatism and explains their on-going relevance for contemporary bioethics. This paves the way for Chapter 6's examination of "freestanding" pragmatists such as Susan Wolf who, in contrast, see their approach as untethered to the classical canon of American pragmatism. With this background firmly established, the next two chapters handle some influential contemporary approaches. Chapter 7 considers the "internal morality" approach to medicine; chapter 8 discusses the method of reflective equilibrium. Chapter 9 summarizes and reflects on the results of the preceding eight chapters. Rather than staking out and defending a final position, the book aspires to uncover the advantages and disadvantages of the different methodological approaches. In the words of Kierkegaard, it aims to make life "harder" rather than "easier" for bioethics by uncovering some outstanding challenges.

Methods in Bioethics: The Way We Reason Now

This book provides an overview and critical discussion of the main philosophical methods that have dominated the field of bioethics since its origins in the late 1960s and early 1970s. The first three chapters outline some influential theories that are important to understanding the methodological approaches that follow. Chapter 1 offers a survey of the theory of principlism as expounded by Tom Beauchamp and James Childress, Chapter 2 examines Bernard Gert's defense of common morality, and Chapter 3 discusses the so-called "new casuistry." The next three chapters trace a historical dialectic. Chapter 4 explores the shift that has increasingly occurred in bioethics away from the pursuit of objectivity or truth and towards narrative ethics, while Chapter 5 uncovers the "classical" roots of American pragmatism and explains their on-going relevance for contemporary bioethics. This paves the way for Chapter 6's examination of "freestanding" pragmatists such as Susan Wolf who, in contrast, see their approach as untethered to the classical canon of American pragmatism. With this background firmly established, the next two chapters handle some influential contemporary approaches. Chapter 7 considers the "internal morality" approach to medicine; chapter 8 discusses the method of reflective equilibrium. Chapter 9 summarizes and reflects on the results of the preceding eight chapters. Rather than staking out and defending a final position, the book aspires to uncover the advantages and disadvantages of the different methodological approaches. In the words of Kierkegaard, it aims to make life "harder" rather than "easier" for bioethics by uncovering some outstanding challenges.

Methods in Democratic Network Governance

Methodological questions about how to study democratic network governance have so far received little research attention. This book aims to remedy this by addressing some important methodological questions in relation to case studies of the multilevel network governance of employment policy in Britain, France and Denmark.

Methods in Environmental Forensics

While environmental catastrophes can be naturally occurring, often they are the result of criminal intent or malfeasance. Sorting out the details when the land itself is the only witness requires a special set of investigative skills. For accountability to be established, investigators must be able to answer these questions with a measure of scient

Methods in Medicine: A Descriptive Study of Physicians’ Behaviour

Clinicians spend their working lives making decisions. such decisions are usually made in interlocking streams rather than in the discrete circumscribed contexts so beloved of scientists. When the clinician encounters a patient a complex interactive process is initiated in which the clinician searches his memory to match the symptoms and signs indicated by the patient with the complex disease models which he carries in his head. He then makes choices about further questions or tests in order to clarify his understanding of the patient's problem and to formulate a management or treatment plan. In recent years there has been increasing interest in how clinicians make such decisions and a realization that decision-making in clinical medicine is virtually the same as that in many other professional contexts. The scientific study and formal teaching of clinical decision-making is a relatively young discipline. Less than 20 books have so far appeared which take explicit account of the theoretical and experimental decision-making literature in medicine and other related disciplines. This book is a distinctive and important contribution to this growing field. It combines a comprehensive critical analysis of a wide range of relevant philo­ sophical, statistical, psychological and medical literature with an interesting set of experimental observations of primary care physicians. Dr. Ridderikhoff shows great erudition and wide command of a large reference literature. Dr. Ridderikhoff takes a firmly descriptive rather than prescriptive viewpoint on understanding clinical decision-making.

Methods, Measures, and Theories in Eyewitness Identification Tasks

Methods, Measures, and Theories in Eyewitness Recognition Tasks provides a comprehensive review of the fundamental issues surrounding eyewitness recognition phenomena alongside suggestions for developing a more methodologically rigorous eyewitness science. Over the past 40 years, the field of eyewitness science has seen substantial advancement in eyewitness identification procedures, yet theoretical and methodological developments have fallen behind. Featuring contributions from prominent international scholars, this book examines methodological and theoretical limitations and explores important topics, including how to increase the accuracy of identifying perpetrators when using CCTV images, how to create more identifiable facial composites, and the differences in accuracy between younger and older eyewitnesses. Providing in-depth discussion on the limitations of traditional lineups, eyewitness memory fallibility, and the complications that arise when using laboratory simulations, along with suggestions for new methods, this book will be an invaluable resource for researchers in eyewitness recognition, lawyers, players in the criminal justice system, members of innocence commissions, and researchers with interests in cognitive psychology.

Methods, Measures, and Theories in Eyewitness Identification Tasks

Methods, Measures, and Theories in Eyewitness Recognition Tasks provides a comprehensive review of the fundamental issues surrounding eyewitness recognition phenomena alongside suggestions for developing a more methodologically rigorous eyewitness science. Over the past 40 years, the field of eyewitness science has seen substantial advancement in eyewitness identification procedures, yet theoretical and methodological developments have fallen behind. Featuring contributions from prominent international scholars, this book examines methodological and theoretical limitations and explores important topics, including how to increase the accuracy of identifying perpetrators when using CCTV images, how to create more identifiable facial composites, and the differences in accuracy between younger and older eyewitnesses. Providing in-depth discussion on the limitations of traditional lineups, eyewitness memory fallibility, and the complications that arise when using laboratory simulations, along with suggestions for new methods, this book will be an invaluable resource for researchers in eyewitness recognition, lawyers, players in the criminal justice system, members of innocence commissions, and researchers with interests in cognitive psychology.

The Methods of Bioethics: An Essay in Meta-Bioethics (Issues in Biomedical Ethics)

This is the first book in bioethics that explains how it is that you actually go about doing good bioethics. Bioethics has made a mistake about its methods, and this has led not only to too much theorizing, but also fragmentation within bioethics. The unhelpful disputes between those who think bioethics needs to be more philosophical, more sociological, more clinical, or more empirical, continue. While each of these claims will have some point, they obscure what should be common to all instances of bioethics. Moreover, they provide another phantom that can lead newcomers to bioethics down blind alleyways stalked by bristling sociologists and philosophers. The method common to all bioethics is bringing moral reason to bear upon ethical issues, and it is more accurate and productive to clarify what this involves than to stake out a methodological patch that shows why one discipline is the most important. This book develops an account of the nature of bioethics and then explains how a number of methodological spectres have obstructed bioethics becoming what it should. In the final part, it explains how moral reason can be brought to bear upon practical issues via an 'empirical, Socratic' approach.

The Methods of Bioethics: An Essay in Meta-Bioethics (Issues in Biomedical Ethics)

This is the first book in bioethics that explains how it is that you actually go about doing good bioethics. Bioethics has made a mistake about its methods, and this has led not only to too much theorizing, but also fragmentation within bioethics. The unhelpful disputes between those who think bioethics needs to be more philosophical, more sociological, more clinical, or more empirical, continue. While each of these claims will have some point, they obscure what should be common to all instances of bioethics. Moreover, they provide another phantom that can lead newcomers to bioethics down blind alleyways stalked by bristling sociologists and philosophers. The method common to all bioethics is bringing moral reason to bear upon ethical issues, and it is more accurate and productive to clarify what this involves than to stake out a methodological patch that shows why one discipline is the most important. This book develops an account of the nature of bioethics and then explains how a number of methodological spectres have obstructed bioethics becoming what it should. In the final part, it explains how moral reason can be brought to bear upon practical issues via an 'empirical, Socratic' approach.

The Methods of Ethics

Methods of Legal Reasoning (Law and Philosophy Library #78)

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.

Methods of Money Laundering: Circumventing Anti-Money Laundering Mechanisms

How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.

#MeToo and the Politics of Social Change

#MeToo has sparked a global re-emergence of sexual violence activism and politics. This edited collection uses the #MeToo movement as a starting point for interrogating contemporary debates in anti-sexual violence activism and justice-seeking. It draws together 19 accessible chapters from academics, practitioners, and sexual violence activists across the globe to provide diverse, critical, and nuanced perspectives on the broader implications of the movement. It taps into wider conversations about the nature, history, and complexities of anti-rape and anti-sexual harassment politics, including the limitations of the movement including in the global South. It features both internationally recognised and emerging academics from across the fields of criminology, media and communications, film studies, gender and queer studies, and law and will appeal broadly to the academic community, activists, and beyond.

The #MeToo Movement (21st-Century Turning Points)

This volume provides a concise but authoritative overview of the #MeToo Movement and its enormous impact on American society, from the studios of Hollywood to factories, campuses, and offices across the country.The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. The #MeToo Movement is devoted to the issue that brought sexual harassment out of the shadows of American culture and into the spotlight. Sparked by revelations of decades of sexual harassment by powerful Hollywood executive Harvey Weinstein, the movement quickly uncovered similar abusive behavior by numerous other famous public figures. It also revealed the extent to which sexual harassment has been a persistent problem in many workplace settings across America and the ways in which girls and women are subjected to degrading and discriminatory treatment because of their gender. The book provides a broad perspective on these issues. It discusses late twentieth-century efforts to identify sexual harassment as a longstanding societal problem; explains how the 2016 presidential election brought new attention to this issue; introduces activists who helped to launch the #MeToo Movement; and surveys the impact of the movement on American politics, business, and entertainment.