Neutrality And Theory Of Law

Author : Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 55,8 Mb
Release : 2013-04-03
Category : Law
ISBN : 9789400760677

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Neutrality and Theory of Law by Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis Pdf

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
Page : 225 pages
File Size : 47,9 Mb
Release : 2013-12-14
Category : Law
ISBN : 9789400919280

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Moral Pluralism and Legal Neutrality by Wojciech Sadurski Pdf

lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.

Author : Elizabeth Chadwick
Publisher : Springer
Page : 304 pages
File Size : 42,8 Mb
Release : 2002-04-10
Category : Law
ISBN : STANFORD:36105060711301

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Traditional Neutrality Revisited:Law, Theory, and Case Studies by Elizabeth Chadwick Pdf

This volume explores the extent to which frameworks of tradional neutrality might remain useful in modern contexts of peace and war, notwithstanding the technical prohibition of war in the Charter of the United Nations. Traditional neutrality constituted a system through which non-belligerent states could remain at peace with warring states, and thereby avoid attack and continue peacetime trading relations. The essays here collected deal with the rules of neutrality as they had developed and operated generally by the outbreak of World War 1, those variations in and alternatives to traditional neutrality which arose in the aftermath of World War 1, and particular aspects of the legacy of neutrality which continue to survive in the post-1945 era. It is argued that the operable rules of traditional neutrality foundered in the face of industrialized warfare, but that the retreat from the 'logic' of neutrality in the modern era has been premature.

Author : James Upcher
Publisher : Oxford Monographs in Internati
Page : 324 pages
File Size : 48,8 Mb
Release : 2020-01-19
Category : Law
ISBN : 9780198739760

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Neutrality in Contemporary International Law by James Upcher Pdf

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

Author : Michael Geist
Publisher : University of Ottawa Press
Page : 476 pages
File Size : 54,9 Mb
Release : 2013-04-27
Category : Law
ISBN : 9780776620848

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The Copyright Pentalogy by Michael Geist Pdf

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

Author : Kentaro Wani
Publisher : Taylor & Francis
Page : 245 pages
File Size : 43,9 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781351978552

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Neutrality in International Law by Kentaro Wani Pdf

Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.

Author : Andrei Marmor
Publisher : Bloomsbury Publishing
Page : 185 pages
File Size : 50,9 Mb
Release : 2005-04-25
Category : Law
ISBN : 9781847310873

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Interpretation and Legal Theory by Andrei Marmor Pdf

This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 43,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : Roderick Ogley
Publisher : Unknown
Page : 240 pages
File Size : 55,8 Mb
Release : 1970
Category : Neutrality
ISBN : STANFORD:36105120823203

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The Theory and Practice of Neutrality in the Twentieth Century by Roderick Ogley Pdf

Author : Robert P. George
Publisher : Clarendon Press
Page : 356 pages
File Size : 47,5 Mb
Release : 1999
Category : Electronic books
ISBN : 0198267908

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The Autonomy of Law by Robert P. George Pdf

This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.

Author : Christopher T. Marsden
Publisher : Unknown
Page : 258 pages
File Size : 50,6 Mb
Release : 2017
Category : Law
ISBN : 1526107279

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Network Neutrality by Christopher T. Marsden Pdf

This book explains the concept of net neutrality, its history since 1999, engineering, policy challenge, legislation and regulation, dividing it into its negative/"lite" and positive/"heavy" elements. He compares national and regional legislation and regulation of net neutrality from aninterdisciplinary and international perspective. He also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil. He explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet,and zero rating or sponsored data plans. Finally, he offers co-regulatory solutions based on FRAND and non-exclusivity.This book is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.

Author : Paul Joseph Kelly
Publisher : Unknown
Page : 292 pages
File Size : 49,7 Mb
Release : 1998
Category : Philosophy
ISBN : UOM:49015003319051

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Impartiality, Neutrality and Justice by Paul Joseph Kelly Pdf

Brian Barry's Justice as Impartialityconfronts issues at the heart of modern political philosophy. This important collection examines various aspects of his argument and expands the discussion beyond the text to explore wider issues at the centre of contemporary debates about the nature and theories of distributive justice. It brings together responses from a wide range of Barry's critics including feminists, utilitarians, mutual advantage theorists, care theorists and anti-contractarians.Suitable for both undergraduates and academics working in political and legal theory, this text serves as an ideal companion volume to Barry's work. The expansion of each contributor's focus beyond the issues raised by Barry means this text also stands as a contribution to political thought in its own right.Key Features* Paperback edition published to meet demand for this book from lecturers teaching political philosophy, ethics, and justice courses*Includes detailed response to his critics from Brian Barry*Features contributions from leading international figures in the field including Richard Arneson, David Gauthier, Russell Hardin, Susan Mendus and Albert Weale*Serves both as a companion to Barry's Justice as Impartialityand as a new contribution to political thought*Offers an important reply to Barry by David Gauthier in which he defends his mutual advantage theory of morality

Author : Julie Dickson
Publisher : Bloomsbury Publishing
Page : 161 pages
File Size : 55,6 Mb
Release : 2001-06-05
Category : Law
ISBN : 9781847313089

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Evaluation and Legal Theory by Julie Dickson Pdf

If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.

Author : Stephen Neff
Publisher : Manchester University Press
Page : 235 pages
File Size : 55,8 Mb
Release : 2022-12-20
Category : Law
ISBN : 9781526170569

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The rights and duties of neutrals by Stephen Neff Pdf

Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is a survey of the history of law of neutrality from its mediaeval roots to the end of the twentieth century. The theme is the eternal clash between the rights of neutrals and belligerents - between the right of belligerents to defeat their enemies, and the right of neutrals to trade freely with all parties. Over the centuries, belligerent powers have devised various legal means of restricting neutrals from trading with their enemies, such as the law of blockade and contraband carriage. At the same time, neutral traders have done their best to evade and circumvent these restrictions. This book traces the evolution of state practice, together with the debates over the relevant doctrinal issues and the various attempts to reform and codify the law of neutrality.

Author : Bogdan Iancu,Elena Simina Tănăsescu
Publisher : Routledge
Page : 206 pages
File Size : 49,7 Mb
Release : 2018-11-06
Category : Law
ISBN : 9781351798945

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Governance and Constitutionalism by Bogdan Iancu,Elena Simina Tănăsescu Pdf

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.