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Explores human vulnerability through the lens of natural law theory.

Coyle Sean: Natural Law, Ethics and
Human Vulnerability

Natural Law, Ethics and Human Vulnerability

Part One 1. A Theory of Natural Law 2. A Theory of Action 3. The Virtues Part Two 4. An Introduction to Vulnerability, Identity and the Legal Common Good 5. Perspectives on Vulnerability: Kant, Hobbes and Augustine 6. In Defence of Formal Equality 7. Can Contract Law Respond to Vulnerability? Questions for Law and Politics 8. Vulnerability in Catholic Social Thought 9. Vulnerability, Human Rights and Social Justice 10. The Role of Nature in Debates about Sex and Reproduction 11. Responding to The Neutered Mother 12. Structuring Resilience in the Liberal Order

A leading psychologist and philosopher challenge the shortcomings of rational choice theory-and propose a new framework for understanding decision-makingFor many decision scientists, their starting point-drawn from economics-is a quantitative formula called rational choice theory, allowing people to calculate and choose the best options. The problem is that this framework assumes an overly simplistic picture of the world, in which different types of values can be quantified and compared, leading to the "most rational" choice. Behavioral economics acknowledges that irrationality is common but still accepts the underlying belief from economics of what a rational decision should look like.In this book, Barry Schwartz and Richard Schuldenfrei offer a different way to think about the choices we make every day. Drawing from economics, psychology, and philosophy-and both inspired by and challenging Daniel Kahneman's Thinking, Fast and Slow-they show how the focus on rationality, narrowly understood, fails to fully describe how we think about our decisions, much less help us make better ones. Notably, it overlooks the positive contribution that framing-how we determine what aspects are most important to us-contributes to good decisions. Schwartz and Schuldenfrei argue that our choices should be informed by our individual "constellation of virtues," allowing for a far richer understanding of the decisions we make and helping us to live more integrated and purposeful lives.

Rationality, Ethics, and the Art of Decision-Making

Choose Wisely

This open access book introduces the first systematic approach to the debate on the unity or fragmentation of practical reasoning and its profound implications for legal philosophy. Bringing together some of the foremost legal philosophers from the Hispanic-Latin world, the book presents a thoughtful dialogue with the Anglo-American literature, making it of interest to scholars from both cultural traditions. Although the topic is rarely discussed explicitly and systematically, it is pivotal to ongoing debates about legal normativity, the nature of law, legal authority, and the rationale behind legal decisions. This book fills this gap by providing a comprehensive perspective that illuminates the intersections between the philosophy of law and the philosophy of practical reasoning. It analyses law from the perspective of the agent and offers deep insights into critical issues in the field of law. The volume is divided into four parts. The 1st part addresses the question of the nature of reasons and the unity of practical and theoretical reasoning. The 2nd part deals with the question of whether practical reasoning works in a unified or fragmented way. The 3rd section examines the autonomy of legal normativity in relation to morality and other normative domains. In the 4th and concluding section, the authors analyse the implications of the thesis of the unity of practical reason for legal decision-making and the authority of law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and the Unity of Practical Reasoning

This open access book argues that the scarcity created by the under-production of vaccines during the Covid-19 years was an entirely predictable, even legitimate consequence of how the international patent system works. Far from being a technical sub-discipline of intellectual property law that simply protects inventions, the international patent system is prismatic of the ways in which we fail to adapt to the challenges of our times: patent rights are intended to incentivise innovation for societal benefit, but in fact facilitate predictable injustice. The patent system ignores the care-constituted nature of our lives, prioritising limiting notions of fairness at the cost of structural harms. The Social Life of Intellectual Property proposes an ethic of just care to temper justice in the global governance of technology. It explores intellectual property as recurring social processes and explains why individual agency and shared responsibility are implicated. On an ecologically imperilled planet, and in a time between pandemics, we must reckon with what we are socialised to believe is legally possible. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Justice, Patents, and Care

The Social Life of Intellectual Property

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and legal personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, standing, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature and its relation to animal rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

Animal Rights Law

Modern Studies in European Law

The European Union undoubtedly has and continues to face a period of crisis and this book assesses this critical juncture in its history. It adopts a unique multidisciplinary approach drawing on philosophy, social theory, and law, and focusing on the European institutional framework and EU law on free movement and citizenship. This perspective leads to the conclusion that central to the EU's problems is the non-emergence of a European people. This multifaceted approach also allows the author to suggest how the EU might move positively beyond its current challenges. This book provides a genuinely fresh and innovative comment on a much-examined question.

Between Immunity and Recognition

The Search for a European People

European Academy of Legal Theory Series

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

Everyone negotiates all the time, within their family, at work, etc., because they need to get things done with others, reach deals and overcome conflicts. But many people, out there, still lack confidence in negotiating and often get frustrated. Negotiation does not work for them, because they may have never been introduced to the best practices and to sound theories, and, even if they have learnt to be more effective by experience or otherwise, they still wonder where negotiating is leading them, what the point of it all is. This is why Responsible Negotiation will help our audience answer two questions: how to negotiate well, but also why? Our broad readership will discover the true joy of negotiating as they acquire or refine methods not only to become more successful, but also to serve good ends. They will gain both the means and the meaning of negotiating. They will get acquainted with simple, still powerful tools to understand their styles, prepare and run meetings, and communicate actively. As they learn to engage people, solve problems and facilitate processes, they will see how they can use these methods and tools not only to better enjoy their negotiations and get good deals, but also to build strong relationships and creative solutions, while they contribute to a shared society. They will not be ashamed of negotiating any more, but they will feel much better about negotiating, much better than ever before. If you truly care about other people, about inclusion, dignity and respect, about social justice, peace and the environment, about deep values and not only economic value, this book is for you. It stands for negotiation that works for you and is good for all.

How to Negotiate Successfully and Why

Responsible Negotiation

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

The Economics of Legal Relationships

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

A Guide to Posner's Economic Analysis of Law

Anthropology, Law, and Political Morals

Some Versions of Legalism

Natural Law, Ethics and Human Vulnerability

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