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Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Minkkinen Panu: Law as a Human Science

Law as a Human Science

Introduction; Part 1: The Legal Academic; 1. Max Weber and Legal Thinking; 2. The Legal Academic's Impact; 3. From Formal to Substantive Rationality; Part 2: The Science of Law; 4. Law as a Moral Science; 5. The Legal Academic as Interpreter; 6. The Legal Academic and the Activist; Part 3: The Law School; 7. The Edifying Law School; 8. The Radical Law School; Part 4: The Politics of Legal Academia; 9. Weber's Tragic Modernity

Higher Education Law: A Handbook for Faculty in Professional Programs will be the essential reference tool for all faculty teaching in and administering professional programs. The book will:¿ Help faculty identify and understand the legal implications of their everyday interactions with students.¿ Enable faculty to prevent costly, time consuming and emotionally draining legal actions by students.¿ Make the connection between good teaching pedagogy and the laws that govern higher education.¿ Enable faculty to participate in the drafting of policies that will honor students' legal rights and protect their programs from avoidable legal actions.¿ Help faculty identify when specific legal advice is needed, ideally before a legal challenge has been lodged in response to a faculty action.¿ Integrate case narratives to bring legal concepts and practices to life and make principles memorable to the reader by linking them to stories.

Higher Education Law: A Handbook for Faculty in Professional Programs will be the essential reference tool for all faculty teaching in and administering professional programs. The book will:• Help faculty identify and understand the legal implications of their everyday interactions with students.• Enable faculty to prevent costly, time consuming and emotionally draining legal actions by students.• Make the connection between good teaching pedagogy and the laws that govern higher education.• Enable faculty to participate in the drafting of policies that will honor students’ legal rights and protect their programs from avoidable legal actions.• Help faculty identify when specific legal advice is needed, ideally before a legal challenge has been lodged in response to a faculty action.• Integrate case narratives to bring legal concepts and practices to life and make principles memorable to the reader by linking them to stories.

A Handbook for Faculty in Professional Programs

Higher Education Law

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

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

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

This book explores the use of Third-Party Funding in Investor-State Dispute Settlement, a transformative yet controversial instrument that implicates procedural fairness, commodification of justice, public interest and state sovereignty in investment law. It will be useful to researchers of international arbitration and investment law.

Third-Party Funding in International Investment Law

Law and the Unity of Practical Reasoning

Critical University Studies

How the cult of capitalism reshaped the American university--and hollowed it out from within.Over the past several decades, American universities have been remade as engines of entrepreneurial ambition. Technology transfer offices, business incubators, pitch competitions, innovation hubs, and leadership centers now sit at the heart of campus life, radically altering how institutions describe their purpose, structure curricula, and imagine student success. The Start-Up Factory argues that this shift has come at a steep cost.James Rushing Daniel traces the rise of entrepreneurialism in higher education and shows how universities came to embrace the figure of the founder as both ideal and benefactor. Business leaders--many of them major donors--are celebrated as singular visionaries, their values imported into academic life and framed as models for intellectual work. This reverence, Daniel argues, has narrowed the university's sense of public responsibility for distorted academics, and transformed institutions into finishing schools for aspiring entrepreneurs. Moving across policy and historical documents, institutional rhetoric, teaching materials, site visits, and interviews, The Start-Up Factory documents how entrepreneurial thinking has reshaped the pedagogy, culture, and mission of the American university.The consequences of this entrepreneurial focus extend far beyond campuses. By promoting the myth of the self-made billionaire, universities help legitimize extreme inequality and normalize forms of power that undermine democratic life. At a moment of deep institutional crisis, when the influence of the billionaire class on college campuses is increasingly absolute and the future of higher education is uncertain, The Start-Up Factory offers a clear-eyed account of how universities arrived here--and why reclaiming their autonomy has become an urgent task.

How Entrepreneurialism Captured Higher Education

The Start-Up Factory

Studies in the History of Tax Law, Volume 12

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

History, Theory, Consequences

Truth About Natural Law

Law as a Human Science

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