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Preisig M: Practical Reasoning

Practical Reasoning

A Model for Normative and Empirical Reasoning

Understanding China

The book comprehensively explores the origins, structure, characteristics, functions, and unique role of Chinese legal tradition within the global scope of legal culture. It adopts a thematic framework that extends across multifaceted dimensions to examine the evolution, features and impact of Chinese legal culture, breaking away from the traditional chronological approach to legal history.The book seamlessly integrates macro and micro views, bridges ancient and modern, as well as Chinese and foreign perspectives, and combines state law with folk law, and law with ethics. The content covers seven key aspects: the culture of rites and etiquettes, penal culture and practice, the culture of legal philosophies, the culture of a legal system, contractual culture, the culture of mediation, and the culture of justice. The topics encompass the origins of traditional Chinese law, the evolution of legal thoughts, the development of legal systems, the procedures and effects of legal practices, and the relationship between legal development and social change.This book is primarily aimed at legal scholars, students, and practitioners who are interested in understanding Chinese traditional legal culture. It is also intended for readers with a moderate level of education or higher, who seek to understand Chinese legal history and culture.

Traditional Legal Culture in China

Jahrbuch Junge Zivilrechtswissenschaft

Rheingau 2025

Blinde Flecken der Zivilrechtswissenschaft

Melland Schill Studies in International Law

'This book is a masterful argument on the current state of the law of the sea in its geopolitical context from a deeply and widely experienced practitioner and scholar. It goes to the heart of the continuing significance of the law of the sea in maintaining global order, addressing what is at stake for global order in current law of the sea jurisprudence.' &gt;'This book presents a crucial study that confronts the contemporary crisis in international public order. Dr Grant's thorough analysis of jurisprudence offers valuable insights into the role of the dispute settlement system of UNCLOS in a time of public order crisis.' Professor Yoshifumi Tanaka, &gt;Critically examining the intersection of territorial sovereignty and maritime disputes under the United Nations Convention on the Law of the Sea (UNCLOS), this book questions the prevailing view that adjudicators applying UNCLOS must refuse to exercise jurisdiction over issues of sovereignty. The law of the sea embraces the principle that a state does not change its boundaries with another state by force. This principle is indispensable to modern public order, and it limits the meaning of the term 'sovereignty dispute' for purposes of the law of the sea. This book argues that when parties assert that a sovereignty dispute prevents adjudication of a maritime dispute, adjudicators are competent to determine whether a sovereignty dispute--in fact and in law--exists. Through a detailed analysis of key cases, including those concerning the Chagos Archipelago, the South China Sea, and Russia's annexation of Crimea, the book argues that adjudicators should apply ordinary scrutiny to evidence concerning territorial claims rooted in the use of force but that an exaggerated caution about the supposed limits of their authority has led them in key cases to fail in that basic part of the adjudicator's function. Examining and critiquing the February 2020 Annex VII award in Coastal State Rights, the book suggests that adjudicators would better implement the terms of UNCLOS and serve the legal system at large if they considered decisions of other international organs when these reflect consensus as to findings of fact and that they should also adhere to the standard methods of fact-finding familiar to parties and adjudicators in most legal systems. Timely and thought-provoking, this book invites a fresh look at an enduring problem made all the more urgent by the many uncertainties in present-day geopolitics.

A Public Order Perspective

Sovereignty Disputes and the United Nations Convention on the Law of the Sea

This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.

Legal Normativity, International Law and Democracy

Kelsen’s Legacy

Modern Studies in European Law

This book explores discretionary decision-making in migration systems in Europe. It investigates how European law influences the existence, exercise and effects of discretion. Firstly, it argues that national lawmakers often regard discretionary decision-making as the most viable option to accommodate standards of European law in their national migration systems. Secondly, the book shows how the exercise of this power has changed from an area of free choice to an instance of legally instructed decision-making. Ultimately, it illustrates how both the proliferation and transformation of discretionary decision-making have improved the legal position of migrants in the European Union, providing a compelling interpretation of a key field of EU law.

The Hidden Virtues of Discretionary Power in European Migration Law

Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice

This Handbook addresses the role of the criminal-legal system in projecting and enforcing racial injustice across the globe. It consists of high-profile contributions that expose structural relations, global colonial and imperial histories, class oppression, and ongoing hegemonic domination that generate racial injustices and are embedded in criminalization and law enforcement. The Handbook considers racist ideologies and their origins, racist institutions, procedures, and practices, and their impacts, and resistance/collective responses to racism. It includes a range of different types of chapters including conceptual/theoretical, empirical, methodological, practitioner, and activist insights. It speaks to contemporary issues and is first of its kind to address racial injustice on a global scale. It is explicitly anti-racist and gathers works of critical criminology, sociology, cultural studies, postcolonial studies, and cognate fields. The Handbook pays special attention to intersectional dynamics including nexuses of racism, class, gender, and sexuality. The Handbook focusses on the settler colonial and global majority countries, their peoples and their struggles, including questions of Indigenous justice.

The Palgrave Handbook of Racial Injustice and Resistance

The Trust Architect is a leadership doctrine for a world where technology moves faster than human judgment, and trust has become the most fragile-and most valuable-currency. In an era shaped by cyber risk, artificial intelligence, and invisible digital dependencies, traditional leadership models no longer hold. This book challenges leaders to rethink authority, responsibility, and decision-making in systems where failure is silent, breaches are systemic, and ethics lag behind innovation. Blending cybersecurity strategy, organizational psychology, and executive leadership, The Trust Architect introduces a new mental model for building resilient institutions-where trust is engineered, not assumed. Written for CXOs, CISOs, board members, and senior leaders, this book is not about tools or checklists. It is about mindset. It asks one uncomfortable question: who designs trust when systems outgrow human control?

The Trust Architect

Inspired by the work of distinguished criminal justice scholars, this volume explores the methodological commitments and distinctive research agenda of criminal jurisprudence It comprises nine essays on jurisprudential themes written over a period of twenty years. Presented here for the first time as a coherent body of work, the volume highlights recurrent themes in the disciplinary constitution of criminal jurisprudence. Criminal jurisprudence combines theorising about criminal law with intimate engagement with its institutional fabric and primary juridical sources. It overlaps with the theoretical ambitions of philosophical approaches to criminal law and justice, but equally encapsulates the traditional research programmes of doctrinal legal scholarship. Criminal jurisprudence takes domestic law seriously, but is cosmopolitan in its outlook and topical inclusivity, as befits the condition of modern legality. The essays in this book traverse criminal law theory, substantive criminal law, criminal procedure, evidence law, comparative criminal process, international criminal justice, criminology and legal pedagogy. In addition to their legal-doctrinal content, they draw on moral and political philosophy, penal theory, epistemology, history, sociology, international relations, jurisprudence and comparative legal studies.

Festschrift Essays

Inspiring Criminal Jurisprudence

This book establishes an innovative interdisciplinary research paradigm for studying China's distinctive legal discourse, systematically elucidating the generative logic and global interaction mechanisms of contemporary Chinese legal narratives. Breaking free from the constraints of legal-centrism, the author creatively integrates legal philosophy, critical discourse analysis, and area studies to construct a three-tiered analytical framework of "civilizational foundations-methodological innovation-practical verification," establishing an autonomous paradigm for Chinese legal discourse research.
The work achieves dual academic breakthroughs: First, it constructs a theoretical framework for analyzing contemporary Chinese legal discourse, providing new cognitive schemata for legal discourse studies and global governance scholarship. Second, it pioneers the introduction of philosophy of technology into legal research, demonstrating how digital technologies reshape China's legal trust mechanisms. At the policy level, it proposes the "Four Principles of Legal Discourse Innovation" and a "Communication Efficacy Enhancement Matrix," offering actionable solutions for building a new-era legal system and participating in global rule-making.
With its theory-practice integrated approach, this book caters to both general readers interested in legal civilization and scholars in international relations, legal studies, and global governance by providing an analytical framework that combines academic depth with policy relevance. It holds particular enlightening value for students in related disciplines.

Theoretical Basis, Innovative Pathways, and Global Governance

Chinese Rule of Law Discourse System

SpringerBriefs in Law

This book unveils the details of the processes and deliberations that culminated in the consensual global commitment to decisively confront racism, racial discrimination, xenophobia and other forms of intolerance. It settles the pre-conceived and prejudicial controversies raised against the Durban Declaration and Programme of Action. High level delegates and leaders of structures of the conference address the development of the vision of nations for racial justice, building the structures of dialogue towards and during the third world conference against racism, choosing the leadership of the conference, consensus building especially on the so-called difficult issues, the role of championing states such as South Africa (host and then symbol of victory against racism) and Brazil (home to the largest population of people of African heritage outside Africa), and the legacy of the conference and outcome document. It reminds humanity of the merits and nobility of its Durban resolve, based on undertakings in Geneva, Strasbourg, Santiago de Chile, Dakar, and Teheran, under the auspices of the United Nations, and the significance of standing by it.

From Durban to Humanity

Untold Reflections from the World Conference Against Racism

With a distinctive framework composed of “Basic Categories,” “Basic Theories,” and “International Protection,” the book constructs a comprehensive system for the general theory of intellectual property, which offers an academic summary of the most abstract, general, and fundamental issues in the field of intellectual property research.
In the section on “Basic Categories,” the analysis centers on rights as the core concept, exploring the definition, nature, characteristics, subjects, objects, utilization, limitations, and protection of intellectual property rights. This section delves into the essential components and attributes of intellectual property rights, legal relationships, operational mechanisms, as well as the scope of protection and the structural framework of the system.&nbsp;
The “Basic Theories” section focuses on the intellectual property system itself, examining its historical evolution, theoretical foundations, cultural implications, value objectives, and policy functions. This part critically evaluates the scientific validity, legitimacy, and rationality of the intellectual property system’s construction.&nbsp;
The “International Protection” section adopts a global perspective to analyze the origins, development, and transformations of the intellectual property protection system. It also provides a “Chinese perspective” on international intellectual property issues, offering unique insights into global debates. 
As the author’s most representative academic monograph, this book not only preserves the author’s long-standing theoretical insights but also incorporates the latest research findings, ensuring its relevance and depth in the field of intellectual property&nbsp;research.

Theorising Intellectual Property Rights from Chinese Perspectives

Extraordinary results don't require genius or grit - they require agency, and anyone can build itYou've been taught success comes from careful planning, learning the ropes, and earning one promotion at a time. But what about the people who seem to skip all that?We all know a few rare individuals who never stop moving, taking wild risks, and collecting public failures, yet somehow always seem to land on top. They act with confidence while you second-guess. They jump while you're still researching. They ask forgiveness instead of permission, and the world rewards them for it.Why don't the rules apply to them?Because they're not rules. They're productivity guidelines for people who've been trained to wait for permission.High-agency people act on the world rather than letting the world act on them. They don't wait to feel ready. They don't ask if they're qualified. They simply do things, and the results follow.You Can Just Do Things reveals the specific strategies that separate those who achieve from those who wait:<ul><li>Increase your surface area for luck - put yourself where opportunities can find you</li><li>Take every shortcut available - the "proper path" is often just slower, not better</li><li>Build forcing functions - design systems that make backing out harder than following through</li><li>Use your deepest insecurities as fuel - your shame contains your most powerful motivation</li></ul>The gap between where you are and where you want to be isn't about talent, discipline or working harder. It's about whether you're willing to claim ownership over your own life. It's to stop asking if you're allowed and start simply doing.This book won't teach you time management or goal-setting. It's a journey and a toolkit for bold living. It will show you how to recognize when you're defaulting to helplessness, how to build the muscle of decisive action, and how to navigate toward a life that's actually yours.Stop asking permission. Start doing things.

The High Agency Method for Getting Everything You Want

You Can Just Do Things

Practical Reasoning

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