The Continuity Of Legal Systems In Theory And Practice
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The Continuity Of Legal Systems In Theory And Practice
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Author : Benjamin Spagnolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-10-22
The Continuity Of Legal Systems In Theory And Practice written by Benjamin Spagnolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Law categories.
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
The Continuity Of Legal Systems In Theory And Practice
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Author : Benjamin Spagnolo
language : en
Publisher:
Release Date : 2015
The Continuity Of Legal Systems In Theory And Practice written by Benjamin Spagnolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Comparative government categories.
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems both before and after Federation."--Bloomsbury Publishing.
Legal Monism
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Author : Paul Gragl
language : en
Publisher: Oxford University Press
Release Date : 2018-03-23
Legal Monism written by Paul Gragl and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-23 with Law categories.
In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Founding Moments In Constitutionalism
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-17
Founding Moments In Constitutionalism written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-17 with Law categories.
Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
International Law Reports Volume 181
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Author : Christopher Greenwood
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-06
International Law Reports Volume 181 written by Christopher Greenwood and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-06 with Law categories.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 181 is devoted to the 2018 judgment of the Grand Chamber of the Court of Justice of the European Union in Slovak Republic v. Achmea BV, the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in R (Western Sahara Campaign UK) v. Commissioners for Her Majesty's Revenue and Customs and Another and the translated judgment of the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security.
Practice Theory And Law
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Author : Maciej Dybowski
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-02
Practice Theory And Law written by Maciej Dybowski and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-02 with Law categories.
This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
The Oxford Handbook Of Papyrology
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Author : Roger S. Bagnall
language : en
Publisher: Oxford University Press
Release Date : 2011-12
The Oxford Handbook Of Papyrology written by Roger S. Bagnall and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12 with History categories.
Thousands of documentary and literary texts written on papyri and potsherds, in Egyptian, Greek, Latin, Aramaic, Hebrew, and Persian, have transformed our knowledge of many aspects of life in the ancient Mediterranean and Near Eastern worlds. Here experts provide a comprehensive guide to understanding this ancient documentary evidence.
The Legal Construction Of Personal Work Relations
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Author : Mark Freedland FBA
language : en
Publisher: OUP Oxford
Release Date : 2011-12-15
The Legal Construction Of Personal Work Relations written by Mark Freedland FBA and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Law categories.
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
The Unsteady State
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Author : Keith Culver
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-30
The Unsteady State written by Keith Culver and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-30 with Law categories.
The first work of analytical legal theory exploring law's relations to environment, security, and technology as preconditions of legal order.
Oliver Wendell Holmes Jr And Legal Logic
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Author : Frederic R. Kellogg
language : en
Publisher: University of Chicago Press
Release Date : 2018-03-16
Oliver Wendell Holmes Jr And Legal Logic written by Frederic R. Kellogg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.