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Philosophy and Religion (R0)

Giorgio Bongiovanni

Giovanni Sartor

Chiara Valentini

Reasonableness and Law

Legal, Political and Constitutional Theory.- The Reasonableness of the Law.- A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review.- Reasonableness, Common Sense, and Science.- Reciprocity, Balancing and Proportionality Rawls and Habermas on Moral and Political Reasonableness.- Law, Liberty and Reason.- Reasonableness and Value Pluralism in Law and Politics.- Global Legitimation and Reasonableness.- Philip Pettit’s Law, Liberty and Reason: Republican Freedom and Criminal Justice.- Proportionality, Judicial Review, and Global Constitutionalism.- Constitutional Adjudication and the Principle of Reasonableness.- Some Critical Thoughts on Proportionality.- Private, Public and International Law.- Reasonable Persons in Private Law.- The Reasonable Consumer under European and Italian Regulations on Unfair Business-to-Consumer Commercial Practices.- Reasonableness in Administrative Law.- Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence.- Reasonableness, Bioethics, and Biolaw.- Reasonableness in Biolaw: Is it Necessary?.- Reasonableness and Biolaw.- Reasonableness in Biolaw: The Criminal Law Perspective.- The Principle of Reasonableness in European Union Law.- An Evolving “Rule of Reason” in the European Market.- From State-Centered towards Constitutional “Public Reason” in Modern International Economic Law.

Cambridge Studies in Constitutional Law

South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law.

Common-ing ‘Common' Law, Transforming Property in South Africa

Alter-Native Constitutionalism

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the 'Promise of Legality'.

Critical Reflections on the Work of TRS Allan

The Promise of Legality

Law and Philosophy Library

In this book, John Finnis provides a virtually unparalleled, in-depth assessment of Leon Petrażycki’s work by a Western scholar. In the opening chapter, Finnis takes up the challenge of reading Petrażycki not simply as a historical curiosity of Eastern European jurisprudence but as a thinker whose wide-ranging and ambitious ideas continue to spark debate today. He critiques not only Petrażycki’s non-standard “economic analysis of law,” which differs markedly from the Chicago School model (not to mention from Guido Calabresi’s and Pietro Trimarchi’s versions), but also many other aspects of Petrażycki’s various contributions to jurisprudence. These include, above all, his legal-realistic but nonetheless appreciative treatment of the natural-law tradition(s), which makes Petrażycki both distinctive and difficult to classify in terms of standard schools of thought.Finnis’ essay is followed by nine further contributions. Written by scholars from different traditions and standpoints, they criticize, reassess, and elaborate upon Finnis’ arguments, creating a rich and multi-voiced dialogue. The volume concludes with Finnis’ own, extensive “concluding reflections,” in which he directly responds to his fellow contributors, clarifying his original questions and replying to the challenges raised in their chapters.This unique volume showcases Finnis’ insights, while enabling his interlocutors to highlight the depth and complexity of both Finnis’ and Petrażycki’s thought, as well as broader issues – more relevant now than ever – such as the differences between Catholic natural law, Orthodox natural law, and Petrażycki’s atheistic, humanistic, anti-speciesist ideal of substituting love for law and morality alike.

Ten Scholars in Dialogue on Legal Realism and Natural Law

Debating Finnis on Petrażycki

Ius Gentium: Comparative Perspectives on Law and Justice

This book traces, assesses and compares the history of conscientious objection – in the cultural context of eight developed democratic nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to vaccination hesitancy and contemporary warfare. It considers the impact of this form of dissent in relation to social movements, social activists and whistle blowers. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It explores the increased reliance on “grounds of religion, belief or conscience” as providing justification for excusing some citizens from complying with certain responsibilities – mandated by equality and non-discrimination legislation – that are binding for all others. By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings – particularly in the US – it provides insights into the probable future direction of developments in national law relating to conscientious objection. Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services: the possible local breakdown of specific service availability (e.g. abortion); prompting population movements as established democratic civil rights are locally negated; fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive. Conscientious objections carry profound implications for a coherent democratic society.

This book traces, assesses and compares the history of conscientious objection – in the cultural context of eight developed democratic nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to vaccination hesitancy and contemporary warfare.
 
 It considers the impact of this form of dissent in relation to social movements, social activists and whistle blowers. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It explores the increased reliance on “grounds of religion, belief or conscience” as providing justification for excusing some citizens from complying with certain responsibilities – mandated by equality and non-discrimination legislation – that are binding for all others.
 
 By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings – particularly in the US – it provides insights into the probable future direction of developments in national law relating to conscientious objection.
 
 Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services: the possible local breakdown of specific service availability (e.g. abortion); prompting population movements as established democratic civil rights are locally negated; fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive. Conscientious objections carry profound implications for a coherent democratic society.

Dissent and Democracy

Conscientious Objection

'An instant classic' NIGELLA LAWSON 'Sweeping, intimate, defiant and brimming with love' LOUISE KENNEDY 'It is the roots that keep the trees from falling during a storm. Olia Hercules tells us that the same is true for people and nations' SERHII PLOKHY I am writing this story without knowing its end: it begins long before I was born and will continue long after I die. I am writing this story to help myself heal and to make you understand. Strong Roots is the story of a century in Ukraine told through four generations of one extraordinary family. It takes us from years of Russification, to Olia's grandmother's deportation to snowy wastelands under Stalin, to her Aunt Zhenia's school protest, to her own parents' flight from Ukraine when their town was occupied in 2022. This is an ode to the land, to ideas of home and belonging, and to family stories and recipes passed down the generations - the tang of sour cherries, the best way to make borsch. It is an account of resilience in the hardest of circumstances. Strong Roots brims with hope and grief. It lays bare the compromises and betrayals of generations struggling and surviving through war, peace, invasion and exile. It is an uplifting reminder of how much the human spirit can endure when born from a land rich with strong roots.

A Ukrainian Family Story, Interrupted

Strong Roots

The addictive missing girl thriller where everyone has something to hide

Gone for Good

Romance crackles in magical Regency London in this dazzling tale of a stolen jewel and the heroine who will do anything to retrieve it—even don a disguise and work with a high-handed-but-attractive stranger who is not what he seems. From New York Times bestseller Garth Nix! On her eighteenth birthday, Lady Truthful Newington—nicknamed “Newt”— is dreaming about her upcoming trip to London, where the streets are filled with magic and eligible young lords. Before she goes, she is to inherit her family’s treasure: the Newington Emerald. A dazzling heart-shaped gem, the Emerald contains mysterious and powerful magic.When the Emerald is stolen, Newt sets off to recover it. Her plan entails dressing up as a man, mustache included, as no well-bred young lady should be seen out and about on her own. While disguised, Newt encounters the handsome but insufferable Major Harnett, who joins the hunt for the missing Emerald. Offended by her new ally’s high-handedness but eager for assistance, Newt strives to conceal her true identity from Harnett, little guessing that he too is not as he appears.A sweeping adventure ensues filled with sinister fey, fancy dresses, witty banter, daring seaborne escapes, grand balls, and a sorceress whose evil plot threatens everyone from Newt herself to the Prince Regent. And as Newt and Harnett face danger together, each realizes there is more to the other than meets the eye—and more alarming yet, they may actually be falling in love.The New York Times bestselling author of Sabriel, Garth Nix, shares his own love for the Regency romantasy genre in a charmed world where everyone has something to hide.Tropes: <ul><li>Mistaken Identity</li><li>Enemies to Lovers</li><li>Forced Proximity</li><li>Dark Fey</li><li>Slow Burn</li><li>Regency Romance</li></ul>

A Regency Romantasy

Newt's Emerald

Understanding China

The book comprehensively explores the origins, structure, characteristics, functions, and unique role of Chinese legal tradition within the global scope of legal culture. It adopts a thematic framework that extends across multifaceted dimensions to examine the evolution, features and impact of Chinese legal culture, breaking away from the traditional chronological approach to legal history.


The book seamlessly integrates macro and micro views, bridges ancient and modern, as well as Chinese and foreign perspectives, and combines state law with folk law, and law with ethics. The content covers seven key aspects: the culture of rites and etiquettes, penal culture and practice, the culture of legal philosophies, the culture of a legal system, contractual culture, the culture of mediation, and the culture of justice. The topics encompass the origins of traditional Chinese law, the evolution of legal thoughts, the development of legal systems, the procedures and effects of legal practices, and the relationship between legal development and social change.


This book is primarily aimed at legal scholars, students, and practitioners who are interested in understanding Chinese traditional legal culture. It is also intended for readers with a moderate level of education or higher, who seek to understand Chinese legal history and culture.

Traditional Legal Culture in China

Das auf mehrere Bande angelegte Werk prasentiert nahezu das gesamte deutsche Verfassungsrecht des Zeitraumes zwischen 1806 und 1918. Hiermit wird der sich gleichsam schrittweise vollziehende Ubergang von einem traditionell standischen oder gar furstlich-absolutistischen zu einem zumeist monarchisch-konstitutionellen System aufgearbeitet, dessen jaher Untergang schlielich in die nationalstaatlich-republikanisch gepragte demokratisch-parlamentarische Staatsform Weimars mundet. Mit dem Gesamtwerk steht dem Fachpublikum eine leicht zugangliche, bislang nicht gekannte Fulle von Dokumenten zur Verfugung, die fur die verfassungsrechtliche Entwicklung Deutschlands und seiner einzelnen Staaten von zentraler Bedeutung waren. Dabei wird groer Wert auf die authentische, d. h. buchstaben- und zeichengetreue Ubernahme der Texte gelegt. Dem jeweiligen Dokumententeil sind in jedem Band "Historische Einfuhrungen" vorangestellt. In diesem Rahmen werden an den einschlagigen Dokumenten orientierte (verfassungs-) rechtliche, zeitlich wie territorial ubergreifende entwicklungsgeschichtliche Darstellungen vorgenommen. In dem hier vorliegenden 3. Band werden erstmals uber 450 Verfassungsdokumente prasentiert, welche fur die verfassungsstaatliche Entwicklung des Groherzogtums Berg und des Herzogtums Braunschweig pragend waren. Begleitet wird diese Textedition durch eine ausfuhrliche historische Einfuhrung.

Eine Dokumentensammlung nebst Einführungen, 6. Band: Hamburg, Hannover und Hessen-Darmstadt

Deutsches Verfassungsrecht 1806 - 1918

European Union and its Neighbours in a Globalized World

This open access book presents a thorough, multidisciplinary examination of children’s rights in Central and Eastern Europe (CEE) with a focus on Lithuania. Pursuing a comparative approach, it explores various aspects of children’s rights as established in constitutional, civil, administrative and criminal law in the region, while also discussing emerging issues. The book shares unique insights into the challenges and progress specific to individual CEE countries, many of which have undergone significant political, social, and legal transformations in recent decades. The comparative analysis of practices and legal frameworks between Lithuania and other countries in the region and across various CEE countries is a key feature of the book. By comparing practices, case law and legal regulations across different CEE countries, it highlights both the diversity and the common challenges in the region. Moreover, such a comparative perspective is invaluable for policymakers, practitioners, and academics in terms of identifying best practices and learning from different countries’ experiences. The respective chapters offer evidence-based insights and recommendations to guide the development of more effective and rights-based approaches to child protection. While aiming to enhance awareness and understanding of children’s rights, the book also seeks to fill a gap in the literature by focusing on the CEE region, an area often underrepresented and overlooked in global discussions on children’s rights. Bringing together a wide range of theoretical and empirical research from Lithuania and other CEE countries, it features contributions by researchers from the Baltic states, Poland, Slovenia, Hungary, Croatia, and Romania to provide a more holistic understanding of the challenges and advances in children’s rights in the CEE region.

This open access book presents a thorough, multidisciplinary examination of children’s rights in Central and Eastern Europe (CEE) with a focus on Lithuania. Pursuing a comparative approach, it explores various aspects of children’s rights as established in constitutional, civil, administrative and criminal law in the region, while also discussing emerging issues. The book shares unique insights into the challenges and progress specific to individual CEE countries, many of which have undergone significant political, social, and legal transformations in recent decades.
 
 The comparative analysis of practices and legal frameworks between Lithuania and other countries in the region and across various CEE countries is a key feature of the book. By comparing practices, case law and legal regulations across different CEE countries, it highlights both the diversity and the common challenges in the region. Moreover, such a comparative perspective is invaluable for policymakers, practitioners, and academics in terms of identifying best practices and learning from different countries’ experiences. The respective chapters offer evidence-based insights and recommendations to guide the development of more effective and rights-based approaches to child protection.
 
 While aiming to enhance awareness and understanding of children’s rights, the book also seeks to fill a gap in the literature by focusing on the CEE region, an area often underrepresented and overlooked in global discussions on children’s rights. Bringing together a wide range of theoretical and empirical research from Lithuania and other CEE countries, it features contributions by researchers from the Baltic states, Poland, Slovenia, Hungary, Croatia, and Romania to provide a more holistic understanding of the challenges and advances in children’s rights in the CEE region.

A Comparative Analysis with a Spotlight on Lithuania

Children's Rights in Central and Eastern Europe

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

Junges Nachhaltigkeitsrecht

Promoting sustainable development is one of the most complex challenges we face. Feasible and effective solutions require an international and interdisciplinary understanding. The fourth volume of the Young Sustainability Law Conference aims to contribute to legal research in this field. It brings together contributions from early career researchers from around the world who take an in-depth look at comparative, interdisciplinary and intradisciplinary aspects of sustainability law. The overarching goal of the contributions is to open up new perspectives for sustainability law and its further development. Simultaneously, the volume highlights the major transformative potential of sustainability law and need for further research in this area.

With contributions by
Maha Balbaa | Vincent-Carlos Barduhn | Nora Bouzoraa | Isadora Camplà | Rafael Cancho Alarcón | Vítor de Souza Ishikawa | Marlon Dreisewerd | Bahar Ferahköse | Jebby Gonza | Anita Grigoryan | Jamal Hajiyev | Olga Häub-Kowalczyk | Yassine Hasnaoui | María Elisa Morales | André Noellkaemper | Kate O'Reilly | Aneta Paleczna | Riccardo Rao | Shuma Talukdar | Oskar Zgonina

This title is also available as Open Access.

Promoting sustainable development is one of the most complex challenges we face. Feasible and effective solutions require an international and interdisciplinary understanding. The fourth volume of the Young Sustainability Law Conference aims to contribute to legal research in this field. It brings together contributions from early career researchers from around the world who take an in-depth look at comparative, interdisciplinary and intradisciplinary aspects of sustainability law. The overarching goal of the contributions is to open up new perspectives for sustainability law and its further development. Simultaneously, the volume highlights the major transformative potential of sustainability law and need for further research in this area.

With contributions by
Maha Balbaa | Vincent-Carlos Barduhn | Nora Bouzoraa | Isadora Camplà | Rafael Cancho Alarcón | Vítor de Souza Ishikawa | Marlon Dreisewerd | Bahar  Ferahköse | Jebby Gonza | Anita Grigoryan | Jamal Hajiyev | Olga Hałub-Kowalczyk | Yassine Hasnaoui | María Elisa Morales | André Noellkaemper | Kate O'Reilly | Aneta Paleczna | Riccardo Rao | Shuma Talukdar | Oskar Zgonina

Sustainability Law: Comparative, Interdisciplinary, and Intradisciplinary Perspectives

Reasonableness and Law

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