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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

Kontakt zum Herausgeber für weitere Informationen zur Barrierefreiheit

Law and Criminology (R0)

Rustam Atadjanov

A Common Theory of Law

Textbook on New Legal Approaches for Post-Soviet States

&lt;p&gt;1. Introduction.- 2. The Subject of the Common Theory of Law.- 3. Society as a Legal Phenomenon.- 4. Power and State.- 5. &lt;em&gt;Rechtsstaat&lt;/em&gt; (State of Law) and Civil Society.- 6. The Notion of Law.- 7. The Main Theories of the Origin and Nature of Law.- 8. The Principles and Functions of Law.- 9. Sources of Law.- 10. System and Structure of Law.- 11. Interpretation of Law.- 12. Lawful Behavior and Legal Responsibility.- 13. Major Contemporary Legal Systems.- 14. Conclusion.- Bibliography.&lt;/p&gt;


ASIL Studies in International Legal Theory

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

Democratic Representation in International Organizations

A Brazilian Perspective

Supreme Courts and Binding Precedents

Ius Gentium: Comparative Perspectives on Law and Justice

Whether in major world powers or smaller economies, constitutions around the globe are facing increasing challenges. In the United States—a country whose judiciary often dominates discussions on constitutionalism— President Donald Trump responded to unfavourable judicial rulings by calling for the impeachment of the judges involved, expressing his demands via tweets in March 2025. In January 2025, security detail was withdrawn from Kenya’s first female Chief Justice, highlighting the growing pressures faced by judiciaries worldwide. Issues such as the judicialization of politics and the protection of human rights have become enduring concerns across nearly every country. Emerging political and legal developments continually challenge courts and constitutions, often constraining the powers of judges, politicians, and other actors—while simultaneously creating new opportunities for these same actors to expand their influence. At the heart of these shifting dynamics lies a fundamental question: who holds whom accountable, to what extent, and under what conditions? This book explores various dimensions of constitutionalism in Africa and beyond, including, but not limited to, judicial independence, the judicialization of politics, and the politicization of the judiciary. What makes this volume a must-read is its interdisciplinary and comparative approach. Most chapters go beyond merely analysing legal provisions that empower or weaken different branches of government; they also examine the social, political, and economic factors that shape constitutionalism. Two chapters offer a comparative analysis of African and non-African jurisdictions.&nbsp;The final chapter synthesizes the key takeaways from the book.

Challenges and Opportunities

Constitutionalism in Africa and Beyond

This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings.
The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "loyal cooperation" shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals.
The book is being prepared with funds from the National Science Center in Poland for the project "Good Faith in Constitutional Law" (project no. 2020/39/B/HS5/02298).

Gleams of Good Faith in Constitutional Law

Cambridge Studies in European Law and Policy

Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Governance by Emulation

Hart Studies in Comparative Public Law

This book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order. Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State. After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come. Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.

Presents a timely and thought-provoking debate on the general challenges, dilemmas and strategies of reinstating the rule of law Poland from an interdisciplinary and comparative perspective.

Challenges, Dilemmas and Strategies in Poland and Beyond

Reinstating the Rule of Law

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Dignity in International Law

Cambridge Studies in International and Comparative Law

Submarines in International Law is the first book to explore both the legal history and the contemporary regulation of submarine operations in varied areas of international law. The analysis demonstrates the instances where submarines influenced the development of the law of the sea and the law of armed conflict, as well as highlighting where international law needs to give greater account for submarines in existing bodies of law-including international marine environmental law, the law on the use of force, navigational safety rules, transnational criminal law and international cultural heritage law. Submarine operations range from military and defence uses, to supporting research and commercial seabed industries, to ocean tourism and smuggling of illicit goods. International law regulates all these activities to varying degrees. While submarines may strive to be evasive objects in the ocean, this book demonstrates why they cannot and should not elude the reach of international law.

Submarines in International Law

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament's internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.

Solutions and Constraints

The Law of the Sea and Climate Change

Outlines the urgent response needed to address privatization, which has led to dramatic but largely overlooked consequences for human rights.

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

A Common Theory of Law

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