The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding,William A. Edmundson

Publisher: John Wiley & Sons

ISBN: 0470779861

Category: Philosophy

Page: 368

View: 715

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The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
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Property and the Law in Energy and Natural Resources

Author: Aileen McHarg

Publisher: Oxford University Press, USA

ISBN: 0199579857

Category: Law

Page: 478

View: 1083

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Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.
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The Scope of Tolerance

Studies on the Costs of Free Expression and Freedom of the Press

Author: Raphael Cohen-Almagor

Publisher: Routledge

ISBN: 1134247346

Category: Political Science

Page: 240

View: 484

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One of the dangers in any political system is that the principles that underlie and characterize it may, through their application, bring about its destruction. Liberal democracy is no exception. Moreover, because democracy is relatively a young phenomenon, it lacks experience in dealing with pitfalls involved in the working of the system - the ‘catch’ of democracy. This is an interdisciplinary study concerned with the limits of tolerance, this ‘democratic catch’, and the costs of freedom of expression. Rights are costly, and someone must pay for them. We can and should ask about the justification for bearing the costs, weighing them against the harms inflicted upon society as a result of a wide scope of tolerance. While recognizing that we have the need to express ourselves, we should also inquire about the justifications for tolerating the damaging speech and whether these are weighty enough. This book combines theory and practice, examining issues of contention from philosophical, legal and media perspectives and covers such issues as: media invasion into one’s privacy offensive speech incitement hate speech holocaust denial media coverage of terrorism. This book is essential reading for anyone who has research interests in political theory, extremism, and free speech.
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Q&A Jurisprudence 2013-2014

Author: David Brooke

Publisher: Routledge

ISBN: 1136187626

Category: Law

Page: 384

View: 2918

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Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.
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The Blackwell Guide to the Philosophy of Education

Author: Nigel Blake,Paul Smeyers,Richard D. Smith,Paul Standish

Publisher: John Wiley & Sons

ISBN: 9780631221197

Category: Education

Page: 414

View: 3855

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In this important survey, an international group of leadingphilosophers chart the development of philosophy of education inthe twentieth century and point to signficant questions for itsfuture. Presents a definitive introduction to the core areas ofphilosophy of education. Contains 20 newly-commissioned articles, all of which arewritten by internationally distinguished scholars. Each chapter reviews a problem, examines the current state ofthe discipline with respect to the topic, and discusses possiblefutures of the field. Provides a solid foundation for further study.
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Shared Authority

Courts and Legislatures in Legal Theory

Author: Dimitrios Kyritsis

Publisher: Bloomsbury Publishing

ISBN: 1782255117

Category: Law

Page: 288

View: 850

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This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
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A Common Law Theory of Judicial Review

The Living Tree

Author: W. J. Waluchow

Publisher: Cambridge University Press

ISBN: 1139462814

Category: Philosophy

Page: N.A

View: 3260

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In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
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Law, Economics, and Morality

Author: Eyal Zamir,Barak Medina

Publisher: Oxford University Press, USA

ISBN: 0195372166

Category: Law

Page: 363

View: 9227

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This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
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A Companion to Applied Ethics

Author: R. G. Frey,Christopher Heath Wellman

Publisher: John Wiley & Sons

ISBN: 1405171901

Category: Philosophy

Page: 720

View: 8457

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Applied or practical ethics is perhaps the largest growth area inphilosophy today, and many issues in moral, social, and politicallife have come under philosophical scrutiny in recent years. Takentogether, the essays in this volume – including two overviewessays on theories of ethics and the nature of applied ethics– provide a state-of-the-art account of the most pressingmoral questions facing us today. Provides a comprehensive guide to many of the most significantproblems of practical ethics Offers state-of-the-art accounts of issues in medical,environmental, legal, social, and business ethics Written by major philosophers presently engaged with thesecomplex and profound ethical issues
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Institutionalized Reason

The Jurisprudence of Robert Alexy

Author: Matthias Klatt

Publisher: OUP Oxford

ISBN: 0191624020

Category: Law

Page: 384

View: 6860

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This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues. The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues. The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
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