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International Investment Law and Legal Theory
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Equal Citizenship and Its Limits in EU Law
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these question...
European Constitutional Imaginaries
What does it mean to say that the European Union has a constitution--theoretically, but more importantly, practically? What sort of possibilities such assertion opens for various actors--politicians, legal professionals, or the general public? And what is the role of constitutional thinkers in establishing constitutional discourse as the dominant way in which European law is (or was) conceived after 1989? This volume seeks to answer such questions, with a special emphasis on the last one. 'European Constitutional Imaginaries' are the central focus of the book. These are sets of ideas and beliefs that help to motivate and at the same time justify the practice of government and collective self...
New Private Law Theory
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Self-Constitution of European Society
Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and plurali...
Legal Monism
In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
The Legal Relation
"This introductory series of books provides concise studies of the philosophical foundations of law, of perennial topics in the philosophy of law, and of important and opposing schools of thought. The series is aimed principally at students in philosophy, law, and political science"--
The Constitution of the Legal Relation
This book defends the relational approach to law from the perspective of human action. The book begins by exploring how what we take to be law is constituted through the lens of either rational or reasonable conduct. Having examined reasonableness as the unifying theme of natural law theories, it then argues that the form and authority of law originate from resolving a moral antinomy that these theories failed to address. The reasonableness of law resides in the resultant structure and principles of relations in which rights are matched with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, the law emerges from interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as based on some common will. The book concludes that, unsurprisingly, modern constitutionalism is to be regarded as a thoroughly pragmatic and most defensible conception of the authority of law.
Foundations of civil and political rights in Israel and the occupied territories
Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well a...
