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Oxford Legal Philosophy

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

Kurki V: A Theory of Legal Personhood

A Theory of Legal Personhood

<ul><li>Introduction</li> <li>Part 1: The Orthodox View</li> <li>1: A Short History of the Right-holding Person</li> <li>2: Rights and Persons - Hohfeldian Analysis</li> <li>Part 2: The Bundle Theory</li> <li>3: The Incidents of Legal Personhood</li> <li>4: Who or What Can Be a Legal Person?</li> <li>Part 3: Applying the Theory</li> <li>5: Collectivities as Legal Persons</li> <li>6: The Legal Personhood of Artificial Intelligences</li> <li>7: Legal Personhood in Normative Reasoning</li> </ul>

The Principle of Legality reopens the question of what happens when statutory interpretation overrides common law rights and principles. Drawing on the philosophy of language and general jurisprudence, it demonstrates that judges, when invoking the 'principle of legality', are in fact engaging in profound moral reasoning.

A Moral Theory

The Principle of Legality

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Justice, Consent, Equality, and Law

Value and Circumstance

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

Elucidating Law

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

Coercion and the Nature of Law

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

Property Rights: A Re-Examination

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

Law and Morality at War

This book offers an analysis of the state as a moral and legal wrongdoer that draws upon the philosophy of corporate agency and collective responsibility. It examines how the state can be held morally to account for its actions, and what forms of legal liability might be developed for state wrongdoing.

States as Wrongdoers

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. 

Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.

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. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

This book approaches limitation of liability for maritime claims by looking at several key conventions and protocols including the LLMC Convention, the Athens Convention, the Nairobi Convention as well as conventions relating to the carriage of passengers and their luggage by sea, and those covering compensation for pollution damage.

This book approaches limitation of liability for maritime claims by looking at several key conventions and protocols including the LLMC Convention, the Athens Convention, the Nairobi Convention as well as conventions relating to the carriage of passengers and their luggage by sea, and those covering compensation for pollution damage.

The Relationship between Global Limitation Conventions and Particular Liability Regimes

Limitation of Liability in International Maritime Conventions

Ontological Explorations Routledge Critical Realism

Meta-Reality emerged from the use of critical realist philosophy to address the fundamental philosophical questions; The nature of the self, The limits of thought, The possibility of personal freedom, The role of religion and spirituality in our lives. In this comprehensive introductory text, the originator of meta-Reality Roy Bhaskar talks the reader through the step by step emergence of his philosophy of meta-Reality, from his earlier philosophy of critical realism. The definition of this theory, and its potential to shed new light on issues is then explored in the book's next eight chapters: Identity and the Self Transcendental Identification, Self-Realization and Freedom The Axial Revolution and Modernity Comparative Religion and Spirituality Unfolding the Enfolded: Creativity, Learning and Education Unconditional Love, Peace and Conflict Resolution 'Unthinking' and the Limits of Thought, Spontaneous Right Action and Re-enchanting Reality Conclusion and Summary: Being BeingThroughout this book, the examination of classical philosophical problems helps the reader to fully understand the author's philosophy of meta-Reality, while at the same time exposing the reader to its implications for philosophical inquiry and the wider world. Frequent references are made to the philosophies that it is in conflict with (Descartes, Hobbes and Hume), and their differences are subjected to close scrutiny, helping to situate this new approach in the field. Here Roy Bhaskar has produced an essential text for all students of modern philosophy with an interest in critical realism. The book's comprehensive approach, depth of analysis, and exploration of a wide range of philosophical problems make it crucial and compelling reading for the postgraduate and undergraduate alike.

Meta-Reality emerged from the use of critical realist philosophy to address the fundamental philosophical questions; The nature of the self, The limits of thought, The possibility of personal freedom, The role of religion and spirituality in our lives.In this comprehensive introductory text, the originator of meta-Reality Roy Bhaskar talks the reader through the step by step emergence of his philosophy of meta-Reality, from his earlier philosophy of critical realism. The definition of this theory, and its potential to shed new light on issues is then explored in the book’s next eight chapters:<ul> <li>Identity and the Self</li> </ul><ul> <li>Transcendental Identification, Self-Realization and Freedom</li> </ul><ul> <li>The Axial Revolution and Modernity</li> </ul><ul> <li>Comparative Religion and Spirituality</li> </ul><ul> <li>Unfolding the Enfolded: Creativity, Learning and Education</li> </ul><ul> <li>Unconditional Love, Peace and Conflict Resolution</li> </ul><ul> <li>‘Unthinking’ and the Limits of Thought, Spontaneous Right Action and Re-enchanting Reality</li> </ul><ul> <li>Conclusion and Summary: Being Being</li> </ul>Throughout this book, the examination of classical philosophical problems helps the reader to fully understand the author’s philosophy of meta-Reality, while at the same time exposing the reader to its implications for philosophical inquiry and the wider world. Frequent references are made to the philosophies that it is in conflict with (Descartes, Hobbes and Hume), and their differences are subjected to close scrutiny, helping to situate this new approach in the field. Here Roy Bhaskar has produced an essential text for all students of modern philosophy with an interest in critical realism. The book’s comprehensive approach, depth of analysis, and exploration of a wide range of philosophical problems make it crucial and compelling reading for the postgraduate and undergraduate alike.

A Brief Introduction

Meta-Reality

This open access book provides a Mediterranean perspective on digital societies, focusing on core issues such as cultural heritage, tourism, smart city development, migration, humanitarian action management, maritime security, health data sharing, and the Mediterranean data space. The Mediterranean Sea is not just a geographical place; it is a crossroads of cultures, economies, and political trends which are now intertwined with data-driven technologies. Neither a national nor an EU versus non-EU perspective can fully grasp the variety and complexity of the resulting space and legal issues. This book takes a multidisciplinary approach to Mediterranean digital societies by analysing the legal, societal, and technical dimensions of the Mediterranean digital environment, with contributions by scholars and experts in this area. The book is a key resource for scholars who want to better understand these under-explored topics and do so from a Mediterranean, rather than an EU-centric perspective. It also supports policy makers designing their digital strategies - both sectoral and general - in the Mediterranean region, and considering the impact of data-driven technologies on society and their geo-political dimension. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and Technology

Mediterranean Digital Societies

Health and Happiness takes a fresh interdisciplinary approach to the discussion of the relationship between health and happiness by examining how the topic is approached from both the field of philosophy and the field of psychology. With Important concepts explained clearly throughout and with features such as recommended reading, discussion points and key words, this book is essential reading for students studying philosophy of psychology, philosophy of medicine or the psychology of health and/or well-being.

Health and Happiness takes a fresh interdisciplinary approach to the discussion of the relationship between health and happiness by examining how the topic is approached from both the field of philosophy and the field of psychology. With Important concepts explained clearly throughout and with features such as recommended reading, discussion points and key words, this book is essential reading for students studying philosophy of psychology, philosophy of medicine or the psychology of health and/or well-being.

Health and Happiness

The Untold Story of Intoxicants and the Biological Subject in Nineteenth-Century Germany

Intoxicated Ways of Knowing

This book is an attempt to provide a philosophical answer to the simple question, "What is the law?" as well as address the various debates this question has spawned. Along the way, it develops a unique position within analytic jurisprudence by carefully distinguishing between a theory of the nature of a legal system and a theory of the nature of legal content (that is, of individual laws). Finally, it applies the framework established in the first part of the book to two substantive areas within legal theory: legal reasoning and international legal systems.The result is a unique introduction to the philosophy of law, one that presents and tests a theory of analytic jurisprudence, while it introduces students and others to this sub-field of philosophy. It explains and clarifies for students the views of the most significant scholars in the philosophy of law—those of H.L.A. Hart, Hans Kelsen, Joseph Raz, Ronald Dworkin, and John Finnis—and offers a critique of each. This approach should appeal to all types of philosophers--students and scholars alike--who are wary of wading into the field of legal theory as well as philosophers of law who wouldn’t find useful or interesting a mere survey of the field.

A Philosophical Inquiry

The Nature of Law

Modern Studies in European Law

This book provides a thorough overview and critical analysis of the European Court of Justice’s case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.

The Europeanisation of Remedies and Procedures through Judge-Made Law

Expanded and Explained

Locke’s Essay

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

Global Politics and the Responsibility to Protect

This books assesses the opportunities for the normative and practical advancement of the Responsibility to Protect (R2P)&nbsp;in Latin America.

This books assesses the opportunities for the normative and practical advancement of the Responsibility to Protect (R2P)&nbsp;in Latin America.

A New Map

The Responsibility to Protect in Latin America

A Theory of Legal Personhood

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