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  • Philosophical Foundations of the Nature of Law

    Series series Philosophical Foundations of Law
    In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers ... Read more

    $44.99 USD

  • The Legacy of Ronald Dworkin

    This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle ... Read more

    $116.99 USD

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  • Forms Liberate

    Reclaiming the Jurisprudence of Lon L Fuller

    Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal ... Read more

    $38.09 USD

  • Precedent in English Law

    Series series Clarendon Law Series
    The previous three editions of this book have established it as the most comprehensive account of precedent in English law for students, teachers and practitioners alike. The aim of the book is to present a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of the topic involves. Such problems include the nature ... Read more

    $86.39 USD

  • Reflections on Judging

    For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law. ... Read more

    $30.29 USD

  • 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

    $28.69 USD

  • The Mutual Assistance and Solidarity Clauses

    Legal and Political Challenges of an Integrated EU Security System

    Series Book 5604 - Europaeische Hochschulschriften Recht
    The Mutual Assistance and Solidarity Clauses is the first comprehensive comparative analysis of two major innovations introduced by the Lisbon Treaty. Antonio-Maria Martino’s study focuses on the origins, scope, interpretation and technical aspects of both clauses, with a particular focus on the Solidarity Clause. He highlights the overlap between both provisions and the wide range of competences ... Read more

    $42.99 USD

  • Foundations of Public Law

    Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence ... Read more

    $58.49 USD

  • The System of the Constitution

    A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the ... Read more

    $59.39 USD

  • Reason and Imagination

    The Selected Correspondence of Learned Hand

    Edited by Constance Jordan ...
    Judge Learned Hand is an icon of American Law. Though he was never nominated to our country's highest court, Hand is nevertheless more frequently quoted by legal scholars and in Supreme Court decisions than any other lower court judge in our history. He was the model for all judges who followed him, setting the standard for the bench with a matchless combination of legal brilliance and vast ... Read more

    $65.69 USD

  • General Principles of Law - The Role of the Judiciary

    Edited by Laura Pineschi ...
    Series series Law and Criminology (R0)
    This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.This volume is organized in four sections, where the topic is mainly explored ... Read more

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  • Natural Law in Court

    A History of Legal Theory in Practice

    The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, ... Read more

    $45.09 USD