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  • Hart Publishing, Oxford - Good books for lawyers
    But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees The questions of how autonomous morality and on this basis the authoritative character of law can be understood present persistent puzzles that have been widely discussed but still await a satisfactory solution This book presents an analysis of the idea of autonomy as self legislation and its consequences for law and morality It links the idea of autonomy with the idea of the balancing of normative arguments develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse Thus a logic of autonomy emerges and it is pervasive in normative reasoning It connects theses regarding the logic of norms the structure of balancing human and fundamental rights legal validity legal interpretation and the relations among legal systems offering a theory of central elements of normative argumentation a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories Moreover it offers an alternative to Kantian notions of autonomy and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463461 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    controversial aspects of her work Arendt nonetheless had interesting insights into Greek and Roman concepts of law human rights constitutional design legislation sovereignty international tribunals judicial review and much more This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines philosophy political science international relations who have engaged in an internal debate the dynamism of which is captured in print Following the editors introduction the book is split into four Parts Part I explores the concept of law in Arendt s thought Part II explores legal aspects of Arendt s constitutional thought first locating Arendt in the wider tradition of republican constitutionalism before turning attention to the role of courts and the role of parliament in her constitutional design In Part III Arendt s thought on international law is explored from a variety of perspectives covering international institutions and international criminal law as well as the theoretical foundations of international law Part IV debates the foundations content and meaning of Arendt s famous and influential claim that the right to have rights is the one

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461436 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    normative dimension of law Normativity is accordingly to be regarded as a central feature of law lying at the heart of any comprehensive legal theoretical project The essays collected in this book are meant to further our understanding of the normativity of law More specifically the book stages a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law the theory of planning agency legal conventionalism and the constitutivist approach While the essays presented here do not aspire to give an exhaustive picture of these debates an aspiration that would be by its very nature unrealistic they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity In pursuing this objective these essays also encourage a dialogue between different traditions of study of legal normativity stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and ultimately to arrive at a more comprehensive account of the normativity of law Stefano Bertea is a Reader in Law at the University of Leicester George Pavlakos

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462389 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the author shows applications to actual legal and political controversies thus tying the normative theory to actual legal practice The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts Examples at issue include rights held by indigenous peoples by trade unions and by religious and cultural minority groups The account also bears on contemporary discussions of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132280 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    having a special status The thesis that law lays the normative claim has become a subject of controversy it has its defenders as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head on It has also come under attack from other contemporary legal theorists and around the normative claim a lively debate has sprung up This debate makes up the main subject of this book which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself This involves a specifying the exact content boundaries quality and essential traits of the normative claim b explaining how the law can make a claim so specified and c justifying why this should happen in the first place The argument is set out in two stages corresponding to the two parts in which the book is divided In the first part the author introduces and discusses the meaning status and fundamental traits of the normative claim of law in the second he explores some foundational questions and determines the grounds of the normative claim of law by

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139678 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    which has received much less attention in the legal literature It is Who is law for Whenever people go to law they are judged for their suitability as legal persons They are given or refused rights and duties on the basis of ideas about who matters These ideas are basic to legal decision making they form the intellectual and moral underpinning of legal thought They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants adults with impaired reasoning the comotose foetuses and even animals Are these the right kind of beings to enter legal relationships and so become legal persons Are they for example sufficiently rational or sacred or simply human Is law meant for them This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties It identifies and analyses four influential ways of thinking about law s person each with its own metaphysical suppositions One approach derives from rationalist philosophy a second from religion a third from evolutionary biology while the fourth is strictly legalistic and so endeavours

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138664 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    answerability and liability and a conception of responsibility as relational and practice based This focus on responsibility as a matter of being answerable to those who have the standing to call one to account throws new light on a range of questions in criminal law theory on the question of criminalisation which can now be cast as the question of what we should have to answer for and to whom under the threat of criminal conviction and punishment on questions about the criminal trial as a process through which defendants are called to answer and about the conditions bars to trial given which a trial would be illegitimate on questions about the structure of offences the distinction between offences and defences and the phenomena of strict liability and strict responsibility and on questions about the structures of criminal defences The net result is not a theory of criminal law but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing and calls those who perpetrate or are accused of perpetrating such wrongs to account Antony Duff is Professor of Philosophy at the University of Stirling He

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137537 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    increased opportunities and protection for individual women Despite its successes however feminist thought has suffered from internal disagreements and schisms Whilst united by their commitment to highlight and undermine gender based discrimination disparate feminist theorists have disagreed over a range of issues central to that project In particular there has been long standing feminist debate over the utility of legal reform tactics the patriarchal nature of the State and the legitimacy of woman centred methodology and grand theorising The ferocity of these debates has intensified in contemporary times with the increasing reception of postmodern and pluralist analyses Vehemently against the establishment of meta narratives or essentialist accounts of generic womanhood the postmodern insistence on subversion over critique and on dislocation over collectivism has severed an already fragile link between feminist theory and practice Set against this backdrop this book offers a critical re appraisal of contemporary feminist legal and political theory It re visits key feminist debates over the origins of patriarchy as well as over the role of liberalism and the rule of law in its creation and perpetuation It re evaluates feminist calls for the dislocation of legal reform strategies and rights based claims And it draws upon

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133522 (2016-02-13)
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