Philosophical Foundations Of Constitutional Law PDF Download
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Author | : David Dyzenhaus |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198754523 |
Download Philosophical Foundations of Constitutional Law Book in PDF, ePub and Kindle
This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Author | : Larry Alexander |
Publisher | : Cambridge University Press |
Total Pages | : 336 |
Release | : 2001-02-26 |
Genre | : Law |
ISBN | : 9780521799997 |
Download Constitutionalism Book in PDF, ePub and Kindle
A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : Law |
ISBN | : 1009058851 |
Download The Long Arc of Legality Book in PDF, ePub and Kindle
The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Author | : Julie Dickson |
Publisher | : OUP Oxford |
Total Pages | : 668 |
Release | : 2012-10-11 |
Genre | : Law |
ISBN | : 0191652164 |
Download Philosophical Foundations of European Union Law Book in PDF, ePub and Kindle
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Author | : Rowan Cruft |
Publisher | : Oxford University Press |
Total Pages | : 721 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688621 |
Download Philosophical Foundations of Human Rights Book in PDF, ePub and Kindle
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Author | : Andrei Marmor |
Publisher | : OUP Oxford |
Total Pages | : 288 |
Release | : 2013-01-31 |
Genre | : Law |
ISBN | : 0191654752 |
Download Philosophical Foundations of Language in the Law Book in PDF, ePub and Kindle
This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
Author | : Pablo César Riberi |
Publisher | : Nomos Verlagsgesellschaft |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : 9783848715336 |
Download Philosophical Or Political Foundation of Constitutional Law? Book in PDF, ePub and Kindle
What kind of discourse is likely to build up constitutional norms? How do legal-philosophical insights get along with competing political claims? This book presents the main conclusions from the CITC (Congreso Internacional de Teoria Constitucional) in Cordoba, Argentina. While addressing the very foundations of Constitutional Law, leading scholars from Europe and America got together to debate legal and political issues which impinge upon institutional design and polity assessment, political representation and rights protection. Not to mention other vexing challenges such as the proper latitude of judicial review, the threatening phenomena of untamed emergency powers and the current international dimension of supra-national state-building. Beyond governance and human rights discourse, the core content of this book is concentrated on shedding some light on which theoretical and/or political conditions could better stand and give shelter to civil obedience and constitutional patriotism.
Author | : Diana T Meyers |
Publisher | : Routledge |
Total Pages | : 383 |
Release | : 2019-06-18 |
Genre | : Philosophy |
ISBN | : 1000302474 |
Download Philosophical Dimensions Of The Constitution Book in PDF, ePub and Kindle
In theclosing decades of the eighteenth century, the newly independent colonies along the mid-Atlantic coast of North America commenced an unprecedented public debate concerning the principles of civil government. The debate culminated in 1787 with the Philadelphia convention where the United States Constitution was drafted and adopted. After rati
Author | : Leslie Green |
Publisher | : OUP Oxford |
Total Pages | : 308 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199606447 |
Download Oxford Studies in Philosophy of Law: Volume 1 Book in PDF, ePub and Kindle
Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
Author | : Paul Tiedemann |
Publisher | : Springer Nature |
Total Pages | : 410 |
Release | : 2020-06-27 |
Genre | : Law |
ISBN | : 3030422623 |
Download Philosophical Foundation of Human Rights Book in PDF, ePub and Kindle
This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement. Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.