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Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives (Juris Diversitas)

Debates 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.

The Concepts of Value: Foundations of Value Theory (Foundations of Language Supplementary Series #12)

The task of presenting for explicit view the store of appraisive terms our language affords has been undertaken in the conviction that it will be of interest not only to ethics and other philosophical studies but also to various areas of social science and linguistics. I have principally sought to do justice to the complexities of this vocabulary, the uses to which it is put, and the capacities its use reflects. I have given little thought to whether the inquiry was philosophical and whether it was being conducted in a philosophical manner. Foremost in my thoughts were the tasks that appeared to need doing, among them these: explicit attention was to be given to the vocabulary by means of which we say we commend,judge, appraise, or evaluate subjects and subject matters in our experience; it was to be segregated from other language at least for the purpose of study; the types of appraisive resources that are at hand in a language such as English were to be classified in some convincing and not too artificial manner; and an empirical standpoint was to be developed for a better view of appraisal, evaluation, and judging within the framework of other ways we have of responding to our surround­ ings such as appetition and emotion on one side and factual registering and theorizing about states of affairs on the other. Such an inquiry has never been undertaken in quite this manner before.

Conceptual and Ethical Challenges of Evolutionary Medicine (Ethics of Science and Technology Assessment #53)

This book analyses the concept of disease, as defined in the context of evolutionary medicine. Upon introducing the reader to evolutionary medicine in its current form and describing its approach to disease instances, the book leverages thoughts and instruments of knowledge of epistemology, social sciences, and ethics to answer the question: “How can we build a timely and appropriate concept of disease?” At first, it looks at the social concerns of medicalization, for example focusing on the suffering of people who have not been diagnosed, or whose suffering is not caused by certain elements that falls under the definitions of disease. In turn, it merges different, both conceptual and empirical considerations in one comprehensive analysis, with the aim of fostering a multidisciplinary understanding of the phenomenon of disease. This book also highlights certain kinds of epistemic injustices that are taking place in the healthcare system, as this is currently conceived in post-industrial societies, thus offering a timely contribution to the current debate around social justice in healthcare.

The Conceptual Foundation of Morality (Philosophical Studies Series #145)

This book offers a solution to the ancient philosophical problem regarding the nature and the justification of morality. The importance of this subject matter is obvious, not merely as an abstract philosophical problem, but perhaps even more as a practical challenge, regarding the way we ought to live our lives: the values that ought to direct us, and the ends that we ought to pursue.In the course of this inquiry, a wide array of philosophical topics is explored: the nature of intentional action, and the role played by reason and desires in agency; the question of the final end of agency – better known in ancient terminology as the question of the purpose of life, and in modern terms as the question of the meaning of life; the nature of moral obligations and their rational justification; the challenge posed by determinism for the freedom of the will, with its implications on fatalism and moral responsibility; and normative questions regarding the value of life. This book is of interest not only to professional philosophers, but also to any intellectual who is concerned with questions about morality, our nature as agents, and the end that we ought to pursue.

The Conceptual Foundations of Transitional Justice

The Conceptual Foundations Of Transitional Justice

Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches (Law and Philosophy Library #137)

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Conceptual (Re)Constructions of International Law

This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.

Conceptualising Arbitrary Detention: Power, Punishment and Control

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

Conceptualising Arbitrary Detention: Power, Punishment and Control

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

Conceptualising Home: Theories, Laws and Policies

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

Conceptualising Procedural Fairness in EU Competition Law (Hart Studies in Competition Law)

What constitutes a fair procedure when it comes to EU competition law?This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed:- the KME–Chalkor cases;- the Groupe Gascogne cases;- the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Conceptualising Procedural Fairness in EU Competition Law (Hart Studies in Competition Law)

What constitutes a fair procedure when it comes to EU competition law?This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed:- the KME–Chalkor cases;- the Groupe Gascogne cases;- the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Conceptualising Property Law: Integrating Common Law and Civil Law Traditions

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaëll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany. Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book’s approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.

Conceptualizing and Researching Governance in Public and Non-Profit Organizations (Studies in Public and Non-Profit Governance #1)

The first volume of the series aims to give an outline of the state of the art and the most recent research being done on public and non profit governance at the international level (with particular emphasis in Europe). The focus of the volume is mainly on the "organizational" governance that still remains "a neglected area of governance" both in the public and in the non-profit sector. The volume includes two groups of chapters aimed at examining the recent trends and the future directions of the public and non-profit governance research. One group of chapters addresses broad issues of how to conceptualize and research 'governance' in public and non-profit organizations. The second group of chapters deals with recent trends of research on governance mechanisms through empirical studies, including contingency and behavioural studies on public and non-profit boards, studies on participative governance mechanisms such as stakeholder involvement and citizens' participation and studies on governance codification.

Conceptualizing Copyright Exceptions in China and South Africa: A Developing View from the Developing Countries (China-EU Law Series #6)

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system.The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Conceptualizing Femicide as a Human Rights Violation: State Responsibility Under International Law

This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.

Concern, Respect, and Cooperation

Three things often recognized as central to morality are concern for others' welfare, respect for their self-expression, and cooperation in worthwhile collective activity. When philosophers have proposed theories of the substance of morality, they have typically looked to one of these three sources to provide a single, fundamental principle of morality - or they have tried to formulate a master-principle for morality that combines these three ideas in some way. In Concern, Respect, and Cooperation, Garrett Cullity urges us to think of them instead as three independently important foundations of morality. The overall aim is to illuminate the structure of morality by showing how its complex content is generated from a relatively simple set of underlying elements - with the complexity resulting from the various ways in which one part of morality can derive from another, and the various ways in which they can interact. Plural-foundation moral theories are sometimes criticized for having nothing helpful to say about cases in which their fundamental norms conflict. Responding to this, Cullity concludes with three detailed applications of his theory: to the questions surrounding paternalism, the use of others as means, and our moral responsibilities as consumers.

Concern, Respect, and Cooperation

Three things often recognized as central to morality are concern for others' welfare, respect for their self-expression, and cooperation in worthwhile collective activity. When philosophers have proposed theories of the substance of morality, they have typically looked to one of these three sources to provide a single, fundamental principle of morality - or they have tried to formulate a master-principle for morality that combines these three ideas in some way. In Concern, Respect, and Cooperation, Garrett Cullity urges us to think of them instead as three independently important foundations of morality. The overall aim is to illuminate the structure of morality by showing how its complex content is generated from a relatively simple set of underlying elements - with the complexity resulting from the various ways in which one part of morality can derive from another, and the various ways in which they can interact. Plural-foundation moral theories are sometimes criticized for having nothing helpful to say about cases in which their fundamental norms conflict. Responding to this, Cullity concludes with three detailed applications of his theory: to the questions surrounding paternalism, the use of others as means, and our moral responsibilities as consumers.

Conciliation and Mediation in India (Global Trends in Dispute Resolution Series)

Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.

Conciliation of Construction Industry Disputes

Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

Conciliation of Construction Industry Disputes

Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

Conciliatory Democracy: From Deliberation Toward a New Politics of Disagreement

In this book, Martin Ebeling discusses how we ought to react to our persistent political disagreement with other citizens. He presents this disagreement as not only a moral problem, but also as an epistemically unsettling phenomenon, as we often have reason to judge our opposition to be as competent as ourselves in judging the political issues at stake. Conciliatory Democracy reflects on the political philosophy of Jean-Jacques Rousseau and claims that advocates of deliberative democracy, which treats political disagreement mainly as a moral problem, should expand their approach. The author promotes Rousseau’s appreciation of disagreement in contemporary political philosophy as a way to encourage conciliation within democracy. Ebeling furthermore draws on public choice theory and empirical research to reintroduce political parties as vital players in the institutional landscape of democracy.

Concise Chinese Tort Laws (China-EU Law Series #1)

The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.

Concise Encyclopedia of Applied Ethics in the Social Sciences (Elgar Encyclopedias in the Social Sciences series)

The Concise Encyclopedia of Applied Ethics in the Social Sciences is an in-depth exploration of ethics across multiple different fields. Editors Tuija Takala and Matti Häyry collate entries from global experts to provide an incisive look into applied ethics on both methodological and theoretical bases.Covering a vast array of disciplines, this prescient Encyclopedia analyzes the many roles that applied ethics plays in the social sciences. Entries scrutinize the various manifestations of ethics across a range of disciplines and subdisciplines such as animal studies, criminology, and global health. The entries on sociology, social psychology, welfare economics, and corporate social responsibility discuss historical development through ethical concepts, while entries such as conflict studies, strategic management and future studies seek to predict future paradigm changes. On the theoretical level, the framing of research questions also entails ethical choices, which is emphasized in the entries for archaeology, food system studies, global health, and migration studies.This thought-provoking Encyclopedia is a crucial resource for scholars of economic thought and methodology, legal philosophy, human rights, politics and public policy research, and sociology and sociological theory. It will also benefit those researching and working across the social sciences more broadly.Key Features:Flexible interdisciplinary approachInternational point of entry into applied ethics in the social sciences57 authors representing a wide variety of fields in the social sciences35 in-depth entries organized alphabetically for accessibility and ease of navigation