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Legal Positivism in a Global and Transnational Age
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamic...
International Law, Conventions and Justice
The articles are based on selected presentations at International Conferences on Law, organized by the Athens Institute for Education and Research (ATINER) held in Athens, Greece -- Introd.
Sanctions: An Essential Element of Law?
The volume is dedicated to the concept of sanctions and to the reassessment of its interrelation with the concept of law. It does not seem that long ago that “law” and “sanctions” were thought of as necessarily interrelated. “Every Law is a command”, we read in Austin’s ‘Province of Jurisprudence Determined’; a particular command, however, in “that the party to whom it is directed is liable to evil from the other, in case he [does not] comply”. And “[t]he evil which will probably be incurred in case a command be disobeyed […] is frequently called a sanction”. H. L. A. Hart’s critique of Austin’s “command theory of law” successfully drove a wedge into the interrelation of “law and “sanctions”; so successful, in fact, that it caused some scholars to part with the idea of “force” underlying the concept of law altogether and others to emphatically protest what they perceived as a rash move to discard one of the core elements of law. The debate still is on.
Law, Reason and Emotion
Volume III: Working Groups
The Normative Force of the Factual
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to ...
The Force of Law Reaffirmed
This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connecte...
Territorial Disputes in the Americas
"Territorial disputes are intricate, shaped by historical, legal, geopolitical, social, cultural and other factors. This book uses a multidimensional approach to assess real case scenarios across the Americas, individually and collectively. The work evaluates a selected sample of these disputes, tracing origins to colonial histories, unclear border demarcations or uncharted lands, and challenges enforcing legal boundaries. It then explores critical thematic areas, illustrated with compelling examples-disputes entangled with non-American agents like European nations; colonialism, neo-colonial interference and pervasive colonial mindsets; ongoing, regional differences between neighboring state...
Territorial Disputes in the Americas
Territorial disputes are intricate, shaped by historical, legal, geopolitical, social, cultural and other factors. This book uses a multidimensional approach to assess real case scenarios across the Americas, individually and collectively. The work evaluates a selected sample of these disputes, tracing origins to colonial histories, unclear border demarcations or uncharted lands, and challenges enforcing legal boundaries. It then explores critical thematic areas, illustrated with compelling examples—disputes entangled with non-American agents like European nations; colonialism, neo-colonial interference and pervasive colonial mindsets; ongoing, regional differences between neighboring stat...
Kelsens Legacy
This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.
Who's Who Among Hispanic Americans
All areas of the United States have been surveyed to insure balanced national coverage in this work on Hispanic Americans. The work covers individuals from a broad range of professions and occupations, including those involved in medicine, social issues, labour, sports, entertainment, religion, business, law, journalism, science and technology, education, politics and literature. Listees have been selected on the basis of achievement in their fields and/or for considerable civic responsibility.
