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This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.
Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Social aspects --- European Union countries --- Social policy.
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On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.
Law --- Philosophy --- History. --- History --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Philosophy&delete& --- Social Sciences --- Political Science --- Law - Philosophy - History.
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The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fundamentals of the EU legal order such as: the principles of conferral, loyalty, and institutional balance, as well as the rule of law, democracy, and fundamental rights protection. The accommodation between specificity and fundamental principles is, thus, a transversal constitutional issue.
Law / International --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- European Union. --- E.U. --- International relations. --- Constitutional law
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Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.
International law --- History. --- -Law of nations --- Nations, Law of --- Public international law --- Law --- History --- -History --- Law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- International law - History.
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This text examines the ideology of elite lawyers and judges from the Gilded Age to the New Deal. Between 1866 and 1937, this coherent outlook, or legal orthodoxy, shaped the way the American bar interpreted and understood the law.
Jurisprudence. --- Law. --- Law - United States - Philosophy - History. --- Law --- Jurisprudence --- Law - U.S. - General --- Law - U.S. --- Law, Politics & Government --- History --- Philosophy --- History. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation
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Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
Law --- Histoire de la justice --- --Historiographie --- --Historiography --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Historiography. --- LAW / Legal History. --- Law / legal history. --- Historiography --- General and Others --- Law - Historiography --- Historiographie --- Droit --- Histoire --- Méthodologie --- Sources
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This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the developme
Political science --- Law --- History --- Philosophy --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Philosophy&delete& --- Jurisprudence --- Legislation --- Philosophy, German --- Political philosophy --- Philosophy. --- History. --- Political science - Germany - History --- Law - Philosophy - History
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International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. Lauren Benton and Lisa Ford uncover the lost history of Britain’s global empire of law in colonial conflicts and bureaucratic dispatches rather than legal treatises and case law. Tracing constitutional politics around the world, Rage for Order shows that attempts to refashion the British imperial constitution touched on all the controversial issues of the day, from slavery to revolution. Scandals in turbulent colonies targeted petty despots and augmented the power of the Crown to intervene in the administration of justice. Campaigns to police piracy and slave trading linked British interests to the stability of politically fragmented regions. Dull bureaucrats dominated legal reform, but they did not act in isolation. Indigenous peoples, slaves, convicts, merchants, and sailors all scrambled to play a part in reordering the empire and the world beyond it. Yet, through it all, legal reform focused on promoting order, not advancing human rights or charting liberalism. Rage for Order maps a formative phase in world history when imperial, not international, law anchored visions of global order. This sweeping story changes the way we think about the legacy of the British Empire and the meaning of international law today.
Law --- Law reform --- Constitutional history --- International law --- Law of nations --- Nations, Law of --- Public international law --- Legal reform --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Colonies --- History --- Colonies.
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Journal of Legal Studies (JLS) publishes interdisciplinary academic research about law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory and use social science methods.
Law --- Droit --- Periodicals --- Periodicals. --- Périodiques --- 86.03 theory and methodology of law --- JEX16 --- #BA01156 --- #RBIB:TSCAT --- General and Others --- משפט --- 86.03 theory and methodology of law. --- Law. --- Périodiques. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Regions --- Dret --- Law - Illinois - Periodicals
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As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.
History of the law --- Europe --- Law --- Droit --- History --- Codification. --- Histoire --- Codification --- International unification. --- -Law --- -Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- International unification --- Law. --- Law - Europe - International unification. --- Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- -Codification --- Acts, Legislative --- General and Others --- Law - Europe - Codification.
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