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Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
This book traces the life and legacy of a German Jewish lawyer, F A Mann, who moved to the UK in 1933 fleeing racial persecution from Germany, and later became one of the best-known legal minds of his age, equally versed and experienced in legal practice and legal scholarship. With contributions from established and emerging scholars, legal practitioners, and members of the judiciary from around the world, F A Mann: The Lawyer and His Legacy is split into three parts. Part I sets out a legal biography of F A Mann, with a particular emphasis on his background, network, and the insights afforded by previously unstudied archival materials. Part II covers the broad range of sub-disciplines and p...
This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a...
This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to...
2015 was without any doubt the year of migrations. Over the subsequent two years, we have certainly seen the migration flows reduce, but it was never going to be possible to halt them altogether. From the outset of this phenomenon, numerous academics and researchers have dedicated themselves to the topic. They analyse the causes, the course of the migration flows, parallels and impacts, as well as possible scenarios of the migration movement. A wide-reaching debate has evolved on the topic of migration, to which the authors in this anthology were also keen to contribute conflict regulations attempts. In this publication, historians, political scientists, philosophers, sociologists, geographers, human geographers, economists, literary scientists, legal scholars, theologians and psychiatrists from a range of European and Non-European countries have each contributed from their individual standpoints.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
Are Truth and Reconciliation Commission processes enough to achieve reconciliation? This volume discusses issues that arise once the task of reconciliation emanates from the limited scope of a specific Truth and Reconciliation Commission and into the larger society and political system that originated it. Scholars spanning several research fields, from law to history to theology, discuss how transformative reconciliation can be cultivated in a society, using decolonization and other perspectives, along three lines: by specifying transformative issues and processes in law and politics, by criticizing historical perspectives on the past and its concepts as deliberations of the status quo, and ...
The Right-Wing Critique of Europe analyses the opposition to the European Union from a variety of right-wing organisations in Western, Central and Eastern Europe. In recent years, opposition to the processes of globalisation and the programme of closer European integration, understood as a threat to the sovereignty of individual member states, has led to an intensification of Eurosceptic sentiments on the Old Continent. The results of the European parliamentary elections in 2014 and 2019, the Brexit referendum and electoral results in different European countries are all testament to the considerable growth of radical populist-nationalist and conservative-sovereignist movements and parties. ...