Rightful Relations With Distant Strangers

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Rightful Relations With Distant Strangers

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Author : Aravind Ganesh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-25

Rightful Relations With Distant Strangers written by Aravind Ganesh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.

This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).

Demoicratic Authority

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Author : Josef Weinzierl
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11

Demoicratic Authority written by Josef Weinzierl and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.

What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.

Rightful Relations With Distant Strangers

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Author : Aravind R. Ganesh
language : en
Publisher: Hart Publishing
Release Date : 2020

Rightful Relations With Distant Strangers written by Aravind R. Ganesh and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.

"This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within nor citizens of, its Member States. Beginning with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's Philosophy of Right. The book departs from comparable Kant-EU scholarship by not taking the essay Toward Perpetual Peace as the starting point for discussion, but by engaging closely with Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods), and human rights ('human rights jurisdiction'), and also critiques the widespread identification of the EU as a Kantian federation of peace"--

European Union Law In Context

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Author : Ester Herlin-Karnell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-23

European Union Law In Context written by Ester Herlin-Karnell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Law categories.

This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification

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Author : Ester Herlin-Karnell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-18

The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification written by Ester Herlin-Karnell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Law categories.

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

Selfless Intervention

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Author : Cedric Ryngaert
language : en
Publisher:
Release Date : 2020

Selfless Intervention written by Cedric Ryngaert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.

This book discusses under what conditions states can take unilateral action to promote the interests of the international community. It puts forward an argument in favour of unilateral action in the common interest, but suggests a number of restraining techniques to limit its intrusiveness.

New Essays On The Fish Dworkin Debate

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Author : Thomas Bustamante
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-24

New Essays On The Fish Dworkin Debate written by Thomas Bustamante and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-24 with Law categories.

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.

The Foundations Of European Transnational Private Law

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Author : Anna Beckers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-30

The Foundations Of European Transnational Private Law written by Anna Beckers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-30 with Law categories.

Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

A Dynamic Approach To Hans Kelsen S General Theory Of Norms

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Author : Monika Zalewska
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-12-12

A Dynamic Approach To Hans Kelsen S General Theory Of Norms written by Monika Zalewska and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-12 with Law categories.

This timely and compelling book delves into the dynamic interpretation of Hans Kelsen's General Theory of Norms through the lens of 21st-century jurisprudential debates. Engaging with key contemporary philosophical concepts such as fictionalism in the philosophy of science, explanation and understanding, and supervenience, this book sheds new light on Kelsen's original ideas. By offering a contemporary interpretation of his later work, it re-examines classic concepts known from the 'Pure Theory of Law' like the basic norm, the separation of 'is' and 'ought,' validity and efficacy, imputation, and the concept of the legal norm. Integrating modern philosophy with Kelsen's lasting ideas, this book presents a novel theoretical landscape, inviting readers to explore fresh perspectives on Kelsen's contributions to legal theory and emphasising its enduring relevance.

The Making Of Constitutional Democracy

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Author : Paolo Sandro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27

The Making Of Constitutional Democracy written by Paolo Sandro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.

This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.