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“gerald postema”

Showing 1 - 12 of 12 results for “gerald postema”
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  • Racism and the Law

    The Legacy and Lessons of Plessy

    Edited by Gerald Postema ...
    Plessy v Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects during the last half century. Ironically, in the current debate over affirmative action, Justice Harlan's eloquent dissent has been used to justify attacks on government ... Read more

    $89.09 USD

  • Handbook of Legal Reasoning and Argumentation

    Edited by Giorgio Bongiovanni, Gerald Postema, Antonino Rotolo, Giovanni Sartor, Chiara Valentini, Douglas Walton ...
    This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and ... Read more

    $332.09 USD

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  • On the Limits of Constitutional Adjudication

    Deconstructing Balancing and Judicial Activism

    by Juliano Zaiden Benvindo ...
    Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to ... Read more

    $143.99 USD

  • Juristic Concept of the Validity of Statutory Law

    A Critique of Contemporary Legal Nonpositivism

    by Andrzej Grabowski ...
    Translated by Malgorzata Kieltyka ...
    This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception ... Read more

    $143.99 USD

  • Freedom of Expression in a Diverse World

    Edited by Deirdre Golash ...
    Series series Law and Criminology (R0)
    The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into ... Read more

    $89.09 USD

  • Precedent in the United States Supreme Court

    Edited by Christopher J. Peters ...
    Series series Law and Criminology (R0)
    This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and ... Read more

    $89.09 USD

  • The Rule of Law in Comparative Perspective

    Edited by Mortimer Sellers, Tadeusz Tomaszewski ...
    Series series Law and Criminology (R0)

    $143.99 USD

  • The Right to Be Punished

    Modern Doctrinal Sentencing

    by Gabriel Hallevy ...
    Series series Law and Criminology (R0)
    Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected ... Read more

    $89.09 USD

  • Rational Lawmaking under Review

    Legisprudence According to the German Federal Constitutional Court

    Edited by Klaus Meßerschmidt, A. Daniel Oliver-Lalana ...
    Series series Law and Criminology (R0)
    This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court´s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ ... Read more

    $152.09 USD

  • Legal Knowledge and Analogy

    Fragments of Legal Epistemology, Hermeneutics and Linguistics

    Edited by P.J. Nerhot ...
    Series series Philosophy and Religion (R0)
    3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this ... Read more

    $49.49 USD

  • Legal Indeterminacy and Constitutional Interpretation

    by J.J. Moreso ...
    Series Book 37 - Law and Philosophy Library

    $89.09 USD

  • Global Perspectives on Subsidiarity

    Edited by Michelle Evans, Augusto Zimmermann ...
    Series series Law and Criminology (R0)
    Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its ... Read more

    $89.09 USD