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Schlag Pierre: How to Do Things with
Legal Doctrine

How to Do Things with Legal Doctrine

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

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

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

An adoptive parent and historian delves into the differences of families made by law, not biology-- and shows us the deep value of those differences Adoption touches on some of our most vexing social questions, about race and sexuality, abortion rights, economic inequality, even foreign policy and global poverty. More than that, it prods us in tender places, reminding us of our own questions about belonging and separation, identity and alienation, our worries about what is determined by fate and what is freely choose. Blending personal memoir, history, and broader reflection on American culture, Ordinary Days and Tender Places offers a fresh take on adoption. As an historian and an adoptive parent, Bendroth takes seriously the criticisms and the personal pain many adoptees face, but she also invites readers to take a bigger view. This book asks us to turn the mirror on ourselves and consider the peculiarities of what we consider “normal” family life. In the end, our questions and controversies obscure a basic fact: raising children born to someone else is a time-honored human practice. In the past and in many cultures today, our modern American ideal, the two-parent biologically-related nuclear family, is an oddity. Within the long history of humanity our ideas about kinship and our beliefs about what constitutes a “normal” household are surprisingly narrow and, in the end, not all that helpful. Bendroth introduces readers to new ways of thinking about adoption, exploring the history of American families and children as well as fascinating findings by biologists and evolutionary anthropologists about kinship practices, genetics and inheritance, even motherhood itself. This is, in other words, a book about adoption and much more. It is an invitation to readers to reflect on their own lives, to think deeply about our human need to connect, to love, and belong.

How We Talk (and Don't Talk) About Adoption in America

Ordinary Days and Tender Places

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Karl Brunner Distinguished Lecture Series

Strategic lessons for monetary policy from the last two tumultuous decades based on insights from Sun Tzu, the Chinese philosopher and author of The Art of War. When central banks were forced to innovate and develop a multifaceted set of new weapons in response to the 2008 global financial crisis and 2020 COVID-19 pandemic, the result was a substantial expansion in their authority and reach. In The Art of Monetary Policy, Kristin Forbes draws lessons for monetary policy of the last two decades from the principles of Sun Tzu, the author of The Art of War, a Chinese philosopher and military strategist from the fifth century BC. Tzu proposed several key principles for success—tenets that apply to monetary policy and the battlefield today: (1) plan in advance for the next battle; (2) accept and adapt to the inevitability of powerful, external shocks outside your control; (3) establish a strong tactical position; (4) develop a variety of weapons that can be combined for different maneuvers and situations; (5) maintain flexibility so that you can quickly modify your strategy; and (6) consider the longer-term costs when evaluating the trade-offs of different approaches. These principles provide insights into what central banks did (and did not) do well over the last two decades, as well as how they should deploy interest rates, balance sheets, emergency support programs, forward guidance, and macroprudential tools in the future. While the optimal strategy in both war and monetary policy is more of an “art” than a science, adopting these principles can improve our ability to battle the next crisis and build more resilient economies during peaceful periods.

Lessons from Sun Tzu for Central Banks

The Art of Monetary Policy

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles – including the very nature of law and scientific knowledge – which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

American government is broken. The country that built the national highway system and created Social Security and Medicare can now barely manage the basics. What went wrong?University of Michigan Law professor Nicholas Bagley argues that America's obsessively legalistic approach to governance-our "procedure fetish"-has strangled progress. Beginning in the late 1960s, reformers concerned about reckless postwar development crafted rules and procedures to minimize social and environmental harm from government action. These reformers had the best of intentions. Their obsession, however, has now grown into a legal regime that prioritizes process over outcomes, stasis over progress, and lawsuits over results. It's time to stop assuming that well-intentioned procedures are good because they're well-intentioned, and instead think hard about how to make our institutions genuinely effective. With deep insider knowledge, incisive analysis, and fluid storytelling, Why We Can't Have Nice Things identifies a fatal flaw in American governance-and our potential path forward.

How Legal Reformers Accidentally Broke America

Why We Can't Have Nice Things

Career Development in Hospitality, Tourism and Events is ideal for students looking to build in-demand skills and foundational knowledge to pursue careers in the travel industry. This textbook will: -Introduce students to the fundamentals of the hospitality, tourism and events industries, including key terminology, trends and the variety of roles in each sector -Engage students with current developments from AI and sustainability to DEI initiatives, and challenge them to look beyond traditional opportunities to entrepreneurial ventures -Help students to craft CVs, personal statements and LinkedIn profiles &gt;With in-text learning features including interviews and tips from professionals - from recruitment and HR to sustainability and technology experts - as well as success stories from recent graduates, this textbook will prepare students and those starting out in their careers with the tools, resources and skills needed to enter this dynamic industry.

Building Skills for Working in the Travel Industry

Career Development in Hospitality, Tourism and Events

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

Third Parties' Rights and Liabilities under Bills of Lading

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Law, Place &amp; Maps: Balancing Protection and Exclusion analyse law’s distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how, both formally and formally, law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies – on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law – the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory. It will be of much interest to critical legal geographers and socio-legal scholars, as well as planning, environmental, intellectual property, housing and land use lawyers.

Balancing Protection and Exclusion

Law, Place and Maps

How to Do Things with Legal Doctrine

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