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Research Handbook on Legal Evolution
Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Law and Evil
Law and Evilpresents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to a...
The Constitutional Structure of Proportionality
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Aristotle on Emotions in Law and Politics
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
Transformative Constitutionalism in Latin America
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross nat...
A Philosopher's Economist
Reconsiders the centrality and legacy of Hume’s economic thought and serves as an important springboard for reflections on the philosophical underpinnings of economics. Although David Hume’s contributions to philosophy are firmly established, his economics has been largely overlooked. A Philosopher’s Economist offers the definitive account of Hume’s “worldly philosophy” and argues that economics was a central preoccupation of his life and work. Margaret Schabas and Carl Wennerlind show that Hume made important contributions to the science of economics, notably on money, trade, and public finance. Hume’s astute understanding of human behavior provided an important foundation for...
Rights: Concepts and Contexts
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: what is the nature and grounding of human rights? How should conflicts of rights best be analyzed? Are rights best understood in terms of choice, benefits, or some hybrid of the two? What are the connections between rights and duties, and between rights and justice? The collection also offers useful introductions to emerging issues in rights theory such as the purported bipolarity of rights.
The Law of the Future and the Future of Law
The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.
DAH Theatre
DAH Theatre: A Sourcebook is a collection of essays about the work of one of the most successful and innovative performance groups in contemporary history. With a direct line of descent from Jerzy Grotowski and Eugenio Barba, DAH Theatre, founded during the worst of times in the former Yugoslavia, amidst a highly patriarchal society, predominantly run by women, has thrived now for twenty-five years. The chapters in this book, for the most part, have been written by both theatre scholars and practitioners, all of whom have either seen, studied with or worked with this groundbreaking troupe. What makes DAH so exceptional? The levels of innovation and passion for them extend far beyond the worl...
Far-Right Newspeak and the Future of Liberal Democracy
This book is the first systematic, multicountry exploration of far-right Newspeak. The contributors analyze the ways in which contemporary far-right politicians, intellectuals, and pundits use and abuse traditional liberal concepts and ideas to justify positions that threaten democratic institutions and liberal principles. They explore cases of both far-right and right-wing thought in eastern and western Europe, the United States, and Canada. Subjects include well-known figures, such as Marine Le Pen, Tucker Carlson, Peter Thiel, Nick Griffin, Thierry Baudet, Jordan Peterson, Russell Brand, and Viktor Orbán, and lesser-known names, such as the Czech politician Tomio Okamura and the Internet...
