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BOOK SERIES


Applied Legal Philosophy: Applied Legal Philosophy


About the Series

The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Individual Duty within a Human Rights Discourse

Individual Duty within a Human Rights Discourse

1st Edition

By Douglas Hodgson
November 10, 2016

Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book ...

Introduction to Classical Legal Rhetoric A Lost Heritage

Introduction to Classical Legal Rhetoric: A Lost Heritage

1st Edition

By Michael H. Frost
October 06, 2016

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern ...

Judicial Power, Democracy and Legal Positivism

Judicial Power, Democracy and Legal Positivism

1st Edition

Edited By Tom D. Campbell, Jeffrey Goldsworthy
August 26, 2016

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian ...

The Idea of Authorship in Copyright

The Idea of Authorship in Copyright

1st Edition

By Lior Zemer
October 26, 2016

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face ...

The Theory and Practice of Legislation Essays in Legisprudence

The Theory and Practice of Legislation: Essays in Legisprudence

1st Edition

Edited By Luc J. Wintgens
November 15, 2016

This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to ...

Law's Task The Tragic Circle of Law, Justice and Human Suffering

Law's Task: The Tragic Circle of Law, Justice and Human Suffering

1st Edition

By Louis E. Wolcher
February 27, 2017

What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five general terms - thinking, human suffering, ...

Sovereignty in Post-Sovereign Society A Systems Theory of European Constitutionalism

Sovereignty in Post-Sovereign Society: A Systems Theory of European Constitutionalism

1st Edition

By Jiří Přibáň
January 11, 2017

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical ...

A Philosophy of Intellectual Property

A Philosophy of Intellectual Property

1st Edition

By Peter Drahos
October 31, 2016

Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to ...

Epistemic Uncertainty and Legal Theory

Epistemic Uncertainty and Legal Theory

1st Edition

By Brian Burge-Hendrix
November 17, 2016

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful ...

Epistemology and Method in Law

Epistemology and Method in Law

1st Edition

By Geoffrey Samuel
November 15, 2016

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis ...

Interpreting Precedents A Comparative Study

Interpreting Precedents: A Comparative Study

1st Edition

Edited By D. Neil MacCormick, Robert S. Summers
August 26, 2016

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations ...

Interpreting Statutes A Comparative Study

Interpreting Statutes: A Comparative Study

1st Edition

By D. Neil MacCormick, Robert S. Summers
September 06, 2016

This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and ...

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