- Table View
- List View
The Concept of State Aid Under EU Law: From internal market to competition and beyond (Oxford Studies in European Law)
by Juan Jorge Piernas LópezHow has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
The Concept of State Jurisdiction in International Space Law: A Study in the Progressive Development of Space law in the United Nations
by Imre Anthony CsabafiDr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex pressed his views on the meaning of these principles.
The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice
by Claire GarbettThe Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: first, how to understand civilians as a social and legal category of persons and second, how legal practices shape victims’ identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian, protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Using a unique interdisciplinary approach, the author provides a critical analysis of the relationship between mechanisms of transitional justice and civilians that will be of interest to scholars and students in the fields of transitional justice, sociology, law, politics and human rights.
The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice
by Claire GarbettThe Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: first, how to understand civilians as a social and legal category of persons and second, how legal practices shape victims’ identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian, protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Using a unique interdisciplinary approach, the author provides a critical analysis of the relationship between mechanisms of transitional justice and civilians that will be of interest to scholars and students in the fields of transitional justice, sociology, law, politics and human rights.
The Concept of the Employer (Oxford Labour Law)
by Jeremias PrasslEmployment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.
The Concept of the Employer (Oxford Labour Law)
by Jeremias PrasslEmployment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.
The Concept of the Rule of Law and the European Court of Human Rights
by Geranne LautenbachThis book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.
The Concept of Unity in Public International Law (Hart Monographs in Transnational and International Law)
by Mario Prost'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent.The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.
The Concept of Unity in Public International Law (Hart Monographs in Transnational and International Law #7)
by Mario Prost'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent.The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.
The Concept of Violence (Routledge Studies in Contemporary Philosophy)
by Mark VorobejThis study focuses on conceptual questions that arise when we explore the fundamental aspects of violence. Mark Vorobej teases apart what is meant by the term ‘violence,’ showing that it is a surprisingly complex, unwieldy and highly contested concept. Rather than attempting to develop a fixed definition of violence, Vorobej explores the varied dimensions of the phenomenon of violence and the questions they raise, addressing the criteria of harm, agency, victimhood, instrumentality, and normativity. Vorobej uses this multifaceted understanding of violence to engage with and complicate existing approaches to the essential nature of violence: first, Vorobej explores the liberal tradition that ties violence to the intentional infliction of harm, and that grows out of a concern for protecting individual liberty or autonomy. He goes on to explore a more progressive tradition – one that is usually associated with the political left – that ties violence to the bare occurrence of harm, and that is more concerned with an equitable promotion of human welfare than with the protection of individual liberty. Finally, the book turns to a tradition that operates with a more robust normative characterization of violence as a morally flawed (or forbidden) response to the ontological fact of (human) vulnerability. This nuanced and in-depth study of the nature of violence will be especially relevant to researchers in applied ethics, peace studies and political philosophy.
The Concept of Violence (Routledge Studies in Contemporary Philosophy)
by Mark VorobejThis study focuses on conceptual questions that arise when we explore the fundamental aspects of violence. Mark Vorobej teases apart what is meant by the term ‘violence,’ showing that it is a surprisingly complex, unwieldy and highly contested concept. Rather than attempting to develop a fixed definition of violence, Vorobej explores the varied dimensions of the phenomenon of violence and the questions they raise, addressing the criteria of harm, agency, victimhood, instrumentality, and normativity. Vorobej uses this multifaceted understanding of violence to engage with and complicate existing approaches to the essential nature of violence: first, Vorobej explores the liberal tradition that ties violence to the intentional infliction of harm, and that grows out of a concern for protecting individual liberty or autonomy. He goes on to explore a more progressive tradition – one that is usually associated with the political left – that ties violence to the bare occurrence of harm, and that is more concerned with an equitable promotion of human welfare than with the protection of individual liberty. Finally, the book turns to a tradition that operates with a more robust normative characterization of violence as a morally flawed (or forbidden) response to the ontological fact of (human) vulnerability. This nuanced and in-depth study of the nature of violence will be especially relevant to researchers in applied ethics, peace studies and political philosophy.
Conceptions and Misconceptions of Legislation (Legisprudence Library #5)
by A. Daniel Oliver-LalanaThis volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Conceptions in the Code: How Metaphors Explain Legal Challenges in Digital Times (Oxford Studies in Language and Law)
by Stefan LarssonStefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.
Conceptions in the Code: How Metaphors Explain Legal Challenges in Digital Times (Oxford Studies in Language and Law)
by Stefan LarssonStefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.
Concepts and Categories: Philosophical Essays, Second Edition
by Isaiah Berlin Henry Hardy Bernard Williams Alasdair Macintyre"The goal of philosophy is always the same, to assist men to understand themselves and thus to operate in the open, not wildly in the dark."--Isaiah Berlin This volume of Isaiah Berlin's essays presents the sweep of his contributions to philosophy from his early participation in the debates surrounding logical positivism to his later work, which more evidently reflects his life-long interest in political theory, the history of ideas, and the philosophy of history. Here Berlin describes his view of the nature of philosophy, and of its main task: to uncover the various models and presuppositions--the concepts and categories--that men bring to their existence and that help form that existence. Throughout, his writing is informed by his intense consciousness of the plurality of values, the nature of historical understanding, and of the fragility of human freedom in the face of rigid dogma. This new edition adds a number of previously uncollected pieces that throw further light on Berlin's central philosophical concerns, and a revealing exchange of letters with the editor and Bernard Williams about the genesis of the book.
Concepts and Categories: Philosophical Essays, Second Edition
by Isaiah Berlin Henry Hardy Bernard Williams Alasdair Macintyre"The goal of philosophy is always the same, to assist men to understand themselves and thus to operate in the open, not wildly in the dark."--Isaiah Berlin This volume of Isaiah Berlin's essays presents the sweep of his contributions to philosophy from his early participation in the debates surrounding logical positivism to his later work, which more evidently reflects his life-long interest in political theory, the history of ideas, and the philosophy of history. Here Berlin describes his view of the nature of philosophy, and of its main task: to uncover the various models and presuppositions--the concepts and categories--that men bring to their existence and that help form that existence. Throughout, his writing is informed by his intense consciousness of the plurality of values, the nature of historical understanding, and of the fragility of human freedom in the face of rigid dogma. This new edition adds a number of previously uncollected pieces that throw further light on Berlin's central philosophical concerns, and a revealing exchange of letters with the editor and Bernard Williams about the genesis of the book.
Concepts and Measurement of Quality of Life in Health Care (Philosophy and Medicine #47)
by Lennart NordenfeltQuestions concerning the notion of quality of life, its definition, and its ap plications for purposes of assessment and measurement in social and medical contexts, have been widely discussed in Scandinavia during the last ten years. To a great extent this discussion mirrors the international develop ment in the area. Several methods for the assessment and measurement of quality of life have been borrowed from the UK and the US and then further developed in northern Europe. But there has also been an internal develop ment. This holds in particular for the social arena, where Scandinavia has had a special tradition both in theory and practice. In this volume an attempt is made to illustrate some aspects of the philo sophical, and in general theoretical, discussion concerning quality of life in Scandinavia. In addition, some prominent scholars from other parts of Europe, i. e. , France, the Netherlands, the UK and Italy, have been invited to contribute. The volume is divided into three sections. The first contains philosophical analyses of the general notion of quality of life and proposes a number of different explications. The second section considers various ap plications of the notion of quality of life in health care. The papers serve to disentangle some intellectual and ethical problems that stem from these ap plications. The third section is more practical and focuses on methods of measuring quality of life in medicine and health care.
Concepts and Procedures in Whistleblower Law (Non-ser.)
by Stephen KohnLitigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
Concepts for International Law: Contributions to Disciplinary Thought (Elgar Original Reference Ser.)
by Jean D'Aspremont Sahib SinghConcepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline. This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life. Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read.
Concepts in Law (Law and Philosophy Library #88)
by Jaap C. Hage Dietmar Von Der PfordtenDuring the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.
Concepts in Law and Economics: A Guide for the Curious
by Jim Leitzel"Law and economics" involves the application of economic analysis to legal problems. Law and economics features in public policy debates as well as across the social sciences in fields such as political economy, constitutional economics, and political science. Concepts in Law and Economics: A Guide for the Curious provides a comprehensive integration of the fields of law and economics. In clear prose, Jim Leitzel challenges traditional approaches to law and economics and uncovers common themes that cut across the two fields, providing readers with a means of integrating their knowledge to examine problems through both a legal and economic lens. This book covers the major methods of law and economics and applies those methods to various issues, including art vandalism, sales of human kidneys, and the ownership of meteorites. Compact yet comprehensive, this is an ideal introduction to a vast number of concepts and controversies in the fields of law and economics. Economics students, law students, and those with a general interest in the social sciences will find Concepts in Law and Economics an interesting and engaging read, and will emerge with the necessary skills for thinking like a law and economics practitioner.
Concepts in Law and Economics: A Guide for the Curious
by Jim Leitzel"Law and economics" involves the application of economic analysis to legal problems. Law and economics features in public policy debates as well as across the social sciences in fields such as political economy, constitutional economics, and political science. Concepts in Law and Economics: A Guide for the Curious provides a comprehensive integration of the fields of law and economics. In clear prose, Jim Leitzel challenges traditional approaches to law and economics and uncovers common themes that cut across the two fields, providing readers with a means of integrating their knowledge to examine problems through both a legal and economic lens. This book covers the major methods of law and economics and applies those methods to various issues, including art vandalism, sales of human kidneys, and the ownership of meteorites. Compact yet comprehensive, this is an ideal introduction to a vast number of concepts and controversies in the fields of law and economics. Economics students, law students, and those with a general interest in the social sciences will find Concepts in Law and Economics an interesting and engaging read, and will emerge with the necessary skills for thinking like a law and economics practitioner.
Concepts of Justice
by D. D. RaphaelIn Concepts of Justice D. D. Raphael gives a philosophical survey of the development of the idea of justice. While the framework is historical, the aim is philosophical analysis and criticism. Part I begins with 'Ancient Roots': justice in the Bible, in Aeschylus' Oresteia, in the philosophers Plato and Aristotle, and among jurists and theologians in the Middle Ages. Part II, 'Modern Shoots', deals with philosophers from Hobbes to Rawls, and others of the modern age. Some of the writings considered will be unfamiliar to many readers, who will find that eminence as a political theorist is neither a necessary nor sufficient condition of significant thought about justice. Part III, 'Historical Fruits', draws some conclusions from the whole survey, pinning down the notion of fairness, and asking why this notion embraces apparently disparate ideas, notably 'merit' and 'need'. The developing role of justice and the emergence of novel features during the last three centuries is also discussed. Raphael does not assume that the theories of philosophers must reflect the thought and usage of people generally: some do while others are idiosyncratic, and a number of philosophers neglect the usage of the concept in the context of law. While this book is not a comprehensive history, it is comprehensive in its scope.
Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives (Juris Diversitas)
by Lukas Heckendorn UrschelerDebates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.