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  • Technology and the Trajectory of Myth

    Series series Elgar Studies in Legal Theory
    Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our ... Read more

    $41.99 CAD

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  • A Critique of Proportionality and Balancing

    The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a ... Read more

    $43.99 CAD

  • The Challenge of Originalism

    Theories of Constitutional Interpretation

    Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for ... Read more

    $51.99 CAD

  • Proportionality and the Rule of Law

    Rights, Justification, Reasoning

    To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality ... Read more

    $48.99 CAD

  • Playing by the Rules

    A Philosophical Examination of Rule-Based Decision-Making in Law and in Life

    Series series Clarendon Law Series
    This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in ... Read more

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  • Burden of Proof, Presumption and Argumentation

    The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of ... Read more

    $31.99 CAD

  • The Great Council of Malines in the 18th century

    An Aging Court in a Changing World?

    by An Verscuren ...
    Series series Law and Criminology (R0)
    This work studies the Great Council of Malines as an institution. It analyzes the Council’s internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight ... Read more

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  • The Ends of History

    Questioning the Stakes of Historical Reason

    Edited by Amy Swiffen, Joshua Nichols ...
    The Ends of History? considers how, despite the fact that events in the past 20 years have called Francis Fukuyama’s infamous announcement of the end of history into question, the issue of the end of history is now a matter of renewed interest and debate.Two decades ago we were confronted by the end of the Soviet Union and collapse of the geo-political divisions that had defined much of the ... Read more

    $108.99 CAD

  • The Anti-Rent Era in New York Law and Politics, 1839-1865

    Series series Studies in Legal History
    A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state’s governors, legislators, judges, and journalists, as well as delegates to New York’s bellwether constitutional convention of 1846, to wrestle ... Read more

    $34.99 CAD

  • Queer Voices in Post-War Scotland

    Male Homosexuality, Religion and Society

    by J. Meek ...
    Series series History (R0)
    This book examines the experiences of gay and bisexual men who lived in Scotland during an era when all homosexual acts were illegal, tracing the historical relationship between Scottish society, the state and its male homosexual population using a combination of oral history and extensive archival research. ... Read more

    $64.99 CAD

  • The Ombudsman Enterprise and Administrative Justice

    The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent ... Read more

    $108.99 CAD

  • The Changing Nature of Customary International Law

    Methods of Interpreting the Concept of Custom in International Criminal Tribunals

    Series series Routledge Research in International Law
    This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL ... Read more

    $117.99 CAD