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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

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

Challenges of Globalisation

Ethics and Social Licence in the Blue Economy squarely confronts the vexing and urgent ethical challenges related to the economic and development potential of the seas. A work of applied moral philosophy, incorporating interdisciplinary elements in law, governance and social science, it provides a multifaceted philosophical interrogation of social licence, explaining its complex relationship to concepts like legitimacy, social contract and legal licence. From this basis, it interrogates the ethics of the Blue Economy, exploring the key moral principles at stake and how they play out in the unique context of marine industries, ocean ecologies and coastal communities.This book delves deeply into how the world's oceans are increasingly seen as an untapped resource, with great promises of commercial development delivering profound goods to humanity. Yet this economic growth raises serious ethical questions. It partitions off resources that are currently open for all, threatens precious ecosystems and impacts wildlife. The aspirational idea of the 'Blue Economy' aims to capture the ocean's economic development potential but also the need for that development to be done sustainably, equitably and legitimately. This need for legitimacy highlights the growing ethical importance of community acceptance and the 'social licence to operate'. Yet social licence is itself an emerging and contested concept, giving rise to its own vexing ethical concerns. This book also offers a deep dive into the many challenges posed and promises offered by expanding marine development.This book will be of great interest to scholars from a range of governance disciplines (ethics and philosophy, law, policy, governance studies and social sciences) as well as those researching in the marine management, governance and policy space.

Ethics and Social Licence in the Blue Economy

This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation? - Does the idea of criminal law as regulating interpersonal legal relations contradict its public character? Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Studies on a New Paradigm in Criminal Law and Procedure

Rights in Criminal Law

A practical, research-based guide to maximizing the most overlooked driver of lasting success and fulfillment--your values.What if one simple shift could make you feel as satisfied as getting an $84,000 raise? Research shows that really understanding your core values--and living by them--can deliver just that. Yet most of us struggle with this. We go about our work and our lives with only a vague sense of the values that underpin everything we do.In What Do You Really Stand For? Columbia Business School professor Paul Ingram reveals that values are far more than a moral compass--they're a source of advantage that can boost your performance, your leadership effectiveness, and your well-being.Drawing on decades of research and the frameworks he's used with students and executives, Ingram presents a set of exercises and tools to help you articulate your values, integrate them into your work and life, build stronger relationships, and achieve better outcomes in all that you do.Whether you're navigating a career decision or managing conflict, leading a team or an entire organization, or simply trying to live with greater purpose, What Do You Really Stand For? offers a powerful guide to taking more intentional control of your life and career--and leading yourself and others with more clarity, confidence, and purpose.

The One Question That Will Transform Your Work and Life

What Do You Really Stand For?

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.

Crossing Civil Law and Common Law Traditions

Evidential Legal Reasoning

Law in Context

The words 'all rise' announce the appearance of the judge in the thespian space of the courtroom and trigger the beginning of that play we call a trial. The symbolically staged enactment of conflict in the form of litigation is exemplary of legal action, its liturgical and real effects. It establishes the roles and discourses, hierarchy and deference, atmospheres and affects that are to be taken up in the more general social stage of public life. Leading international scholars drawn from performance studies, theatre history, aesthetics, dance, film, history, and law provide critical analyses of the sites, dramas and stage directions to be found in the orchestration of the tragedies and comedies acted out in multiple forums of contemporary legality. This title is also available as open access on Cambridge Core.

Actors, Affects, Spaces

Performing Law

'Donald J. Robertson is one of my favourite writers' - Ryan Holiday, bestselling author and founder of The Daily Stoic 'One of the best books ever written on the power and practicality of philosophy for building a good and successful life' - Tom Morris, bestselling author of Plato's Lemonade Stand and Stoicism for Dummies How can we apply the teachings of the greatest ancient philosopher to modern life? Socrates is the most famous ancient philosopher and the source of the entire Western philosophical tradition. He spent his life teaching practical philosophy to ordinary people in the streets of Athens, yet few people today are familiar with the wisdom he has to offer us - until now. In this groundbreaking book, Donald J. Robertson, a practising cognitive-behavioural psychotherapist, transports readers back to the streets of ancient Athens, expertly weaving together a page-turning account of the visionary man to show us how we can apply Socratic ideas to our daily lives. Through a vivid, semi-fictionalized narrative, readers are transported to the streets of ancient Athens to witness Socrates's journey firsthand - from his military service and public trials to his ultimate execution. This engaging guide introduces the core Socratic principles and reveals how his method of rigorous self-examination is more relevant than ever in a world filled with misinformation. 'Engagingly written and highly accessible, especially innovative in highlighting the significance of Socratic philosophy for modern readers' - Chris Gill, Professor Emeritus of Ancient Thought, Exeter University

Ancient Philosophy as a Way of Life

How To Think Like Socrates

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

Human Rights Law in Perspective

This book conceptualises the European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

This book conceptualises European Court of Human Rights’ judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say ‘no’ to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe.

The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women’s bodies in European public space.

The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

Rights and Fascism in Europe

Law and Islamic Dress

Routledge Revivals

First published in 1980, Copyright offers an explanation and an analysis of the wider implications of copyright as an instrument for ordering the flows of information and culture within and among societies. The book traces the development of copyright and related rights with emphasis on the policy aspects and on how copyright was influenced by and in its turn influenced the users of new information technology.Significant discussion is devoted to the international aspects of copyright, its unique position in international law, and its role in the relations between industrialized and developing countries. Having provided a basic understanding of copyright principles and their implications, the authors then analyse how well or badly copyright is coping with the various information and communication technologies that have developed primarily in the twentieth century. Finally, they discuss how copyright operates in a modern technological society, the existing challenges to copyright, and its prospects for the future.

Intellectual Property in the Information Age

Copyright

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

This book analyses the tendency in international law scholarship and criticism to seek a â€˜newâ€™ international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

Powers of Judgment

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