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Philosophy and Religion (R0)

D.A. Jeremy Telman

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

&lt;p&gt;Introduction Hans Kelsen for Americans; D. A. Jeremy Telman.-&amp;nbsp;Part I: Hans Kelsen and American Legal Philosophy.-&amp;nbsp;Chapter 2 Kelsen in the U.S.: Still Misunderstood; Brian Bix.-&amp;nbsp;Chapter 3 Marmor’s Kelsen; Michael Steven Green.-&amp;nbsp;Part II: Hans Kelsen and the Development of Public
International Law.-&amp;nbsp;Chapter 4 The Kelsen-Hart Debate: Hart’s Critique of Kelsen's
Legal Monism Reconsidered; Lars Vinx.-&amp;nbsp;Chapter 5 Peace and Global Justice Through Prosecuting the
Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the
International Judicial Function; Jochen von Bernstorff.-&amp;nbsp;Chapter 6 Hans Kelsen, the Second World War and the U.S.
Government&amp;nbsp;Thomas Olechowski.-&amp;nbsp;Part III: Kelsen in Unexplored Dialogues.-&amp;nbsp;Chapter 7 Arriving at Justice by a Process of Elimination:
Hans Kelsen and Leo Strauss; Elisabeth Lefort.-&amp;nbsp;Chapter 8 Kelsen and Niebuhr on Democracy; Daniel R. Rice.-&amp;nbsp;Chapter 9 Hans Kelsen’s Psychoanalytic Heritage –an Ehrenzweigian
Reconstruction; Bettina Rentsch.-&amp;nbsp;Chapter 10 A Morally Enlightened Positivism? Kelsen and
Habermas on the Democratic Roots of Validity in Municipal and International
Law; David Ingram.-&amp;nbsp;Part IV: Kelsen’s Legacies.-&amp;nbsp;Chapter 11 The Neglect of Hans Kelsen in West German Public
Law Scholarship, 1945–1980; Frieder Günther.-&amp;nbsp;Chapter 12 Philosophy of Law and Theory of Law: The
Continuity of Kelsen's Years in America; Nicoletta Ladavac.-&amp;nbsp;Chapter 13 Pure Formalism? Kelsenian Interpretive Theory between
Textualism and Realism; Christoph Bezemek.-&amp;nbsp;Chapter 14 Cognition and Reason:&amp;nbsp; Rethinking Kelsen in the Context of Contract
and Business Law; &amp;nbsp;Jeffrey M. Lipshaw.-&amp;nbsp;Chapter 15 Kelsen’s View of the Addressee of the Law: Primary
and Secondary Norms; Dru Stevenson.-&amp;nbsp;Chapter 16 Kelsen, Justice, and Constructivism; Joshua Felix.-&amp;nbsp;Conclusions.-&amp;nbsp;Chapter 17 In Defense of Modern Times: A Keynote Address; Clemens
Jabloner.-&amp;nbsp;Chapter 18 Hans Kelsen’s Modernist Secularism and the Free Exercise of
Religion; Jeremy Telman.&lt;/p&gt;&lt;p&gt;&lt;/p&gt;

This book proposes a new solution to the problem of the migration crisis engulfing the world by creating safe harbours, or Free Global Cities. In the face of the largest displacement crisis on record even the most optimistic view of the future suggests that in the years ahead, more and more people will migrate in order to survive. The world requires places where refugees and other migrants forced to leave their homes have the opportunity to work, study, create, start businesses, and rebuild new lives for themselves and their families. Free Global Cities can deal with this growing global crisis in a completely new way. They are autonomous, self-governed subnational entities that provide a safe environment and rule of law that will create wealth and prosperity for its residents as well as for the nations hosting them. Such a model would contribute significantly to handle the largest migration crisis in history, which the world will be experiencing in the coming decades.

The Future Leaders in Migration and Public Governance

Free Global Cities

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

Routledge Research in International Law

General International Law and the International Legal Order

Relational Normativity of International Law

Human Rights Law in Perspective

This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged human rights discourse over several decades. Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned. Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.

Immediate and Progressive Realisation in International Human Rights Law

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap.

It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

An expert lineup of contributors fill in the methodological and intellectual gaps in the field of comparative international law.

Foundations and Critique

Comparative International Law

An Introduction to Public International Law

This book seeks answers to two basic questions: What are normative rules and how can and should we apply them? It takes a fresh look both at legal reasoning as a process and normative rules as instruments. On the one hand, based on a decision-making model, it suggests a more practical approach to rule application that isn’t limited to interpretation, but includes searching, evaluation and choice. On the other hand, it proposes a more precise structure for normative rules that includes not only their scope and normative consequences, but also their circumstances and purposes. It then goes on to study such features as their open- and mandatoriness as well as their generality, vagueness and ambiguity, and examines how these features impact the rules’ breadth and the discretion they offer in terms of their application. Lastly, it considers how these aspects affect rules’ validity, binding- and effectiveness. Because the application of normative rules requires a basis in evidence, the book also includes a discussion of fact-finding and points to some interesting similarities between the philosophies of law and science.&nbsp;

A Model for Normative and Empirical Reasoning

Practical Reasoning

This book offers a critical view of the punitive bias in the case law of the Inter-American Court of Human Rights, demonstrating the delicate relationship between Criminal Law and Human Rights. Based on cases involving the performance of the Inter-American Court of Human Rights in situations in which States failed to punish perpetrators of crimes – and, consequently, victims were considered unprotected by domestic law –, judicial constructions are presented that punish such conduct by States, regardless of principles and values of individual guarantee aimed at protecting citizens against the punitive power of the State. Throughout the book, the characteristics of the Inter-American System of Human Rights and how cases submitted to it are handled are analyzed. It presents the relationship between criminal matters and the protection of Human Rights in International Law, highlighting their points of intersection. Then, based on the analysis of selected cases (many of which occurred during Latin American dictatorships), the main theses developed to justify the use of criminal law as the main (and sometimes the only one) way for the State to act in favor of the protection of human rights are highlighted. From there, criticisms are made of this jurisprudence, highlighting in particular: the problematic conception that Criminal Law is a suitable means of satisfying the desire for justice of victims and their families; the mistaken view that criminal proceedings are the best means of knowing the truth of the facts; the fight against impunity as the sole purpose of criminal proceedings; the disregard for the guarantee of the principle of criminal legality, whether by the malleability of what is considered a crime, or by the “revocation” of causes that extinguish criminal liability, such as amnesty and prescription; the flexibilization of extradition treaties; the excessive interference in criminalization orders directed at States. Based on these findings and supported by international doctrine, the aim is to demonstrate the approximation of the law produced by the Inter-American Court of Human Rights with the doctrine of the criminal law of the enemy, which contrasts with the basic guarantees inherent in Criminal Law. Finally, the influence of the jurisprudence of the Inter-American Court of Human Rights is presented both in international courts, such as the European Court of Human Rights and the International Criminal Court, and in Brazilian national courts. It thus points out its potential for expansion and interference in the way in which the relationship between Criminal Law and Human Rights is understood. This book is intended for all those who seek to deepen their knowledge of the complex relationship between Criminal Law and Human Rights, and especially to learn about the main theses developed by the Inter-American Court of Human Rights on this subject.

This book offers a critical view of the punitive bias in the case law of the Inter-American Court of Human Rights, demonstrating the delicate relationship between Criminal Law and Human Rights. Based on cases involving the performance of the Inter-American Court of Human Rights in situations in which States failed to punish perpetrators of crimes – and, consequently, victims were considered unprotected by domestic law –, judicial constructions are presented that punish such conduct by States, regardless of principles and values of individual guarantee aimed at protecting citizens against the punitive power of the State.
Throughout the book, the characteristics of the Inter-American System of Human Rights and how cases submitted to it are handled are analyzed. It presents the relationship between criminal matters and the protection of Human Rights in International Law, highlighting their points of intersection. Then, based on the analysis of selected cases (many of which occurred during Latin American dictatorships), the main theses developed to justify the use of criminal law as the main (and sometimes the only one) way for the State to act in favor of the protection of human rights are highlighted.
From there, criticisms are made of this jurisprudence, highlighting in particular: the problematic conception that Criminal Law is a suitable means of satisfying the desire for justice of victims and their families; the mistaken view that criminal proceedings are the best means of knowing the truth of the facts; the fight against impunity as the sole purpose of criminal proceedings; the disregard for the guarantee of the principle of criminal legality, whether by the malleability of what is considered a crime, or by the “revocation” of causes that extinguish criminal liability, such as amnesty and prescription; the flexibilization of extradition treaties; the excessive interference in criminalization orders directed at States. Based on these findings and supported by international doctrine, the aim is to demonstrate the approximation of the law produced by the Inter-American Court of Human Rights with the doctrine of the criminal law of the enemy, which contrasts with the basic guarantees inherent in Criminal Law.
Finally, the influence of the jurisprudence of the Inter-American Court of Human Rights is presented both in international courts, such as the European Court of Human Rights and the International Criminal Court, and in Brazilian national courts. It thus points out its potential for expansion and interference in the way in which the relationship between Criminal Law and Human Rights is understood.
This book is intended for all those who seek to deepen their knowledge of the complex relationship between Criminal Law and Human Rights, and especially to learn about the main theses developed by the Inter-American Court of Human Rights on this subject.

Critical Analysis of the Punitive Jurisprudence of the Inter-American Court of Human Rights

Criminal Law and Human Rights

Humanity in the twenty-first century faces serious global challenges and crises, including pandemics, nuclear proliferation, violent extremism, refugee migration, and climate change. None of these calamities can be averted without robust international cooperation.&nbsp;Yet, national leaders often assume that because their states are sovereign under international law, they are free to opt in or out of international cooperation as they see fit. This book challenges conventional wisdom by showing that international law requires states to cooperate with one another to address matters of international concern-even in the absence of treaty-based obligations. Within the past several decades, requirements to cooperate have become firmly embedded in the international legal regimes governing oceans, transboundary rivers, disputed territories, pollution, international security, and human rights, among other topics. Whenever states address matters of common concern, international law requires that they work together as good neighbors for their mutual benefit. This title is also available as Open Access on Cambridge Core.

Mandatory Cooperation Under International Law

This book analyses emerging legal and regulatory challenges surrounding commercial human spaceflights (CHS). It addresses unique questions raised by human presence in outer space that distinguish CHS from other commercial space activities.Discussing a rapidly growing sector in the space economy, this volume:- Compares regulatory approaches in major spacefaring nations, including Russia, the USA, China, the EU, Japan, Australia, and India, to evaluate how existing international space treaties adapt to private sector human spaceflight activities while identifying significant gaps in current frameworks.- Analyses fundamental issues such as the legal status of space tourists versus astronauts, liability mechanisms, insurance requirements, training and selection standards, and the interplay between international space law and domestic regulations.- Critically examines India's space governance, its regulatory landscape, and the future of its CHS policies.- Offers theoretical insights and practical recommendations for future law-making at both international and domestic levels.Accessibly written, this volume is an essential resource for scholars, researchers, legal practitioners, policymakers, space industry professionals, and students exploring the intersection of space law, regulatory affairs, and the expanding commercial space tourism industry. It will be of great interest to scholars and researchers in international law, space policy, public policy, aerospace studies, and regulatory studies, as well as to space industry professionals navigating compliance requirements in international space law, commercial aerospace regulation, emerging technology governance, and comparative legal systems.

International and National Legal Perspectives

Regulation of Commercial Human Spaceflights

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

Oxford Studies in European Law

The Eurosceptic Mobilization of Constitutional Law

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

Weitere Titel zum Thema