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Human Dignity and the Law
This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency. The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojty?a, the author develops a ‘Status of Personhood Theory’. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.
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.
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
System, Order, and International Law
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order...
The Inherence of Human Dignity
Focused at the theoretical level, this volume seeks to clarify our understanding of various historical and contemporary concepts of human dignity. It examines the various meanings of the term ‘dignity’ before looking at the philosophical sources of dignity and both religious and secular attempts to provide a grounding for the notion. It also compares the merits and defects of older and newer concepts of dignity, including extensions of dignity to groups, animals, and machines.
The Human Right to Democracy
The Human Right to Democracy is the first major study to offer a comprehensive and up-to-date account of the debate. It reconstructs the relevant positions in that debate, identifies the key points of disagreement, and proposes an understanding of the human right to democracy that might form the basis of a wide consensus. The book rejects the idea of a comprehensive right to democratic institutions, and instead argues for a minimal “human right to democracy” which is best understood as an individual’s right to voice. The human right to voice is a right, enjoyed by any individual independently of his or her place of residence or nationality, to be heard and supported in cases of severe ...
Pluralism and Law: State, nation, community, civil society
Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Con...
Legal Philosophy
Contents: M. Strasser: The Image of Man S. Kirste: The Temporality of Law and the Plurality of Social Times V. Luizzi: Law as Acts of Citizens A. Visegrady: Zur Effektivit�t des Rechts K. Campbell: Custom as a Source of Law M. Pavcnik: Traps of the Nature of Law N. Struchiner: The Meaning of Justice L. F. Coelho: A Contribution to a Critical Theory of Law A. Verza: Neutrality Toward Microdifferences, Toleration Toward Macrodifferences C. Bellon: Rights and Autonomy R. Martin: On Hohfeldian Liberties L. Moral Soriano: Balancing Reasons at the European Court of Justice W. Ott: Did East German Border Guards Along the Berlin Wall Act Illegally? P. Warren: Self-Ownership, Talent Pooling and Reciprocity O. Astorga: La imaginaci�n jurid�ca R. A. Grover: Thomas Hobbes and the Global State of Nature W. E. Conklin: The Place of the People in John Austin's Structuralism V. Karam De Chueiri: The Chain of Law.
Local Land Law and Globalization
This book is a study of the effects of global influences on local activity in relation to the land laws in some urban and peri-urban localities in three African countries. It begins with a theoretical consideration of the concept of globalization and of the way in which it may inform research in the social scientific study of law. The three chapters which form the core of the book are detailed, empirical studies of the effects of globalizing processes on the living land laws observed in selected communities in Benin, Ghana and Tanzania. The last chapter consists of some comparative conclusions. The study is part of the interdisciplinary research program on "Local Action in Africa in the Context of Global Influences" (Humanities Collaborative Research Centre, SFB/FK 560) at the University of Bayreuth, Germany.
Global Governance and the Role of Non-state Actors
This book represents a conference organized by the Social Science Research Centre Berlin (WZB), the Alfred Herrhausen Society, The International Forum of the Deutsche Bank, and the Centre for the Analysis of Risk and Regulation (CARR) at the London School of Economics and Political Science (LSE) in November 2004 in London. Changes in statehood are one of the main indicators of a shift in the focus of governance onto the global level. This is manifested most clearly in the emergence and growing importance of actors that are no longer tied to national or state contexts in the traditional way, as with national parliaments, government ministries, or administrative bodies. The age of global gover...
