Reflections on 'The Concept of Law'

Reflections on 'The Concept of Law'

Author: A. W. Brian Simpson

Publisher: OUP Oxford

ISBN: 9780191018503

Category: Law

Page: 232

View: 217

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HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.

Law in Society: Reflections on Children, Family, Culture and Philosophy

Law in Society: Reflections on Children, Family, Culture and Philosophy

Author: Alison Diduck

Publisher: BRILL

ISBN: 9789004261495

Category: Law

Page: 685

View: 546

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This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Philosophical and Sociological Reflections on Labour Law in Times of Crisis

Philosophical and Sociological Reflections on Labour Law in Times of Crisis

Author: Eduardo von Adamovich

Publisher: Cambridge Scholars Publishing

ISBN: 9781527583504

Category: Law

Page: 455

View: 823

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Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.

Reflections on the Law of War

Reflections on the Law of War

Author: Frits Kalshoven

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004158252

Category: Law

Page: 1129

View: 933

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The papers collected in this volume span a 35-year period of active involvement in the 'reaffirmation and development of international humanitarian law'. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author's activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

Rethinking the Concept of Law of Nature

Rethinking the Concept of Law of Nature

Author: Yemima Ben-Menahem

Publisher: Springer Nature

ISBN: 9783030967758

Category: Science

Page: 381

View: 819

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This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.

Reflections on Global Law

Reflections on Global Law

Author: Shavana Musa

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004260955

Category: Law

Page: 242

View: 568

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Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines.

American Legal Education Abroad

American Legal Education Abroad

Author: Susan Bartie

Publisher: NYU Press

ISBN: 9781479803644

Category: Law

Page:

View: 914

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A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

A Critical Appraisal of Karl Olivecrona's Legal Philosophy

A Critical Appraisal of Karl Olivecrona's Legal Philosophy

Author: Torben Spaak

Publisher: Springer

ISBN: 9783319061672

Category: Law

Page: 288

View: 712

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This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.

Critical Reflections on Constitutional Democracy in the European Union

Critical Reflections on Constitutional Democracy in the European Union

Author: Sacha Garben

Publisher: Bloomsbury Publishing

ISBN: 9781509933273

Category: Law

Page: 368

View: 615

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This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Reflections on the Constitutionalisation of International Economic Law

Reflections on the Constitutionalisation of International Economic Law

Author:

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004228832

Category: Business & Economics

Page: 636

View: 760

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This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.

Reflections on Life and the Law (Penerbit USM)

Reflections on Life and the Law (Penerbit USM)

Author: Shad Saleem Faruqi

Publisher: Penerbit USM

ISBN: 9789674610708

Category: Law

Page:

View: 232

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This book of 136 short essays distills some of the most lucid writings of well-known, emeritus law professor, Shad Saleem Faruqi, who was from 2008–2012 attached to USM as a Visiting Professor. From mundane topics like “Tips for Interviewees” to such contentious and sensitive issues as ethnic relations, Islam and the Constitution, and electoral democracy, the book gives us a simple, warm and sympathetic commentary on some of the burning issues of our times. There are simple but searching essays on good governance, local government, law reform, universities and the law, and legal education. The reflections of the East and the perceptions of the West on human rights are discussed eloquently. The international law on war and peace is viewed in the context of our troubled world. Difficult issues are made simple and simple issues are made rich. All essays are guided by reason and driven by passion. The work is animated by a spirit of moderation, compassion and erudition.