Philosophical Foundations Of European Union Law

Author: Julie Dickson
Publisher: OUP Oxford
ISBN: 0191652164
Size: 43.73 MB
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

Philosophical Foundations Of Law And Neuroscience

Author: Michael S. Pardo
Publisher: Oxford University Press
ISBN: 0198743092
Size: 51.86 MB
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The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together the latest work from leading scholars in the field, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.

Philosophical Foundations Of Language In The Law

Author: Andrei Marmor
Publisher: Oxford University Press
ISBN: 0199572380
Size: 74.41 MB
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This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.

Philosophical Foundations Of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Size: 58.44 MB
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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

The Normative Foundations Of European Competition Law

Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
ISBN: 1786436078
Size: 40.28 MB
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Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

Philosophical Foundations Of The Nature Of Law

Author: Wil Waluchow
Publisher: OUP Oxford
ISBN: 0191665622
Size: 12.74 MB
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In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

Philosophical Foundations Of Constitutional Law

Author: University Professor of Law and Philosophy David Dyzenhaus
Publisher: Oxford University Press
ISBN: 0198754523
Size: 25.68 MB
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Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

Philosophical Foundations Of Contract Law

Author: Gregory Klass
Publisher: Oxford University Press, USA
ISBN: 0198713010
Size: 43.26 MB
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Philosophical Foundations Of Human Rights

Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0199688621
Size: 31.38 MB
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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations Of The Law Of Torts

Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0198701381
Size: 33.25 MB
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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.