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Top Series in United States

Showing 1 - 12 of 12 results for “we conklin”
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  • The Invisible Origins of Legal Positivism

    A Re-Reading of a Tradition

    by W.E. Conklin ...
    Series Book 52 - Law and Philosophy Library
    Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed ... Read more

    $89.09 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

  • 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

  • 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 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

  • An Approach to Rights

    Studies in the Philosophy of Law and Morals

    by C.P. Wellman ...
    Series Book 29 - Law and Philosophy Library
    An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. ... Read more

    $170.99 USD