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Poznań School of Legal Theory

Poznań School of Legal Theory
Author: Paweł Kwiatkowski
Publisher: BRILL
Total Pages: 436
Release: 2021-02-08
Genre: Philosophy
ISBN: 9004448446

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This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.


The Max Planck Handbooks in European Public Law

The Max Planck Handbooks in European Public Law
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 977
Release: 2020-03-12
Genre: Law
ISBN: 0191039853

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The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.


Essays in Legal Theory

Essays in Legal Theory
Author: Denis James Galligan
Publisher: Melbourne University
Total Pages: 272
Release: 1984
Genre: Law
ISBN:

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A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts.


Juristic Concept of the Validity of Statutory Law

Juristic Concept of the Validity of Statutory Law
Author: Andrzej Grabowski
Publisher: Springer Science & Business Media
Total Pages: 603
Release: 2013-06-24
Genre: Law
ISBN: 3642276881

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This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.


A Sceptical Theory of Morality and Law

A Sceptical Theory of Morality and Law
Author: James Allan
Publisher: Peter Lang Incorporated, International Academic Publishers
Total Pages: 298
Release: 1998
Genre: Law
ISBN:

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Allan (law, U. of Otago, New Zealand) begins by setting out a sustained defense of a skeptical moral theory owing much to the views of David Hume, then uses that theory to examine insider interpreting, the nature of rights, and the desirability of separating law and morality, all contentious issues in the philosophy of law. Nearly a third of the study has been published in slightly different form in journals and other books; as a whole it is substantially revised from a Ph.D. dissertation, the date and institution for which are not named. No index. Annotation copyrighted by Book News, Inc., Portland, OR


Documents

Documents
Author: Council of Europe: Parliamentary Assembly
Publisher: Council of Europe
Total Pages: 498
Release: 2006-01-27
Genre: Political Science
ISBN: 9789287157546

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Captive University

Captive University
Author: John Connelly
Publisher: UNC Press Books
Total Pages: 460
Release: 2000
Genre: History
ISBN: 9780807848654

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This comparative history of the higher education systems in Poland, East Germany, and the Czech lands reveals an unexpected diversity within East European stalinism. With information gleaned from archives in each of these places, John Connelly offers a va