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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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Law as Art

Law as Art

1st Edition

By Gary P. Bagnall
November 19, 1996

Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music ...

The Legal Theory of Ethical Positivism

The Legal Theory of Ethical Positivism

1st Edition

By Tom D. Campbell
March 28, 1996

The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This ...

First Do No Harm Law, Ethics and Healthcare

First Do No Harm: Law, Ethics and Healthcare

1st Edition

Edited By Sheila A. M. McLean
November 28, 2016

This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken ...

Cultural Difference on Trial The Nature and Limits of Judicial Understanding

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding

1st Edition

By Anthony J. Connolly
November 22, 2016

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants...

Holy Writ Interpretation in Law and Religion

Holy Writ: Interpretation in Law and Religion

1st Edition

Edited By Arie-Jan Kwak
November 16, 2016

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some,...

The Concept of Law from a Transnational Perspective

The Concept of Law from a Transnational Perspective

1st Edition

By Detlef von Daniels
November 16, 2016

This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in ...

Accommodating Cultural Diversity

Accommodating Cultural Diversity

1st Edition

Edited By Stephen Tierney
November 15, 2016

This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different ...

Architectures of Justice Legal Theory and the Idea of Institutional Design

Architectures of Justice: Legal Theory and the Idea of Institutional Design

1st Edition

By Henrik Palmer Olsen, Stuart Toddington
November 15, 2016

Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what ...

Law at the Vanishing Point A Philosophical Analysis of International Law

Law at the Vanishing Point: A Philosophical Analysis of International Law

1st Edition

By Aaron Fichtelberg
November 15, 2016

Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and ...

The Vantage of Law Its Role in Thinking about Law, Judging and Bills of Rights

The Vantage of Law: Its Role in Thinking about Law, Judging and Bills of Rights

1st Edition

By James Allan
November 15, 2016

The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate ...

Constitutional Life and Europe's Area of Freedom, Security and Justice

Constitutional Life and Europe's Area of Freedom, Security and Justice

1st Edition

By Alun Howard Gibbs
November 10, 2016

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal ...

Contested Words Legal Restrictions on Freedom of Speech in Liberal Democracies

Contested Words: Legal Restrictions on Freedom of Speech in Liberal Democracies

1st Edition

By Ian Cram
October 31, 2016

In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue ...

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