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Catalogue complet

Gyurko F: The Formation of Legal
Consciousness

The Formation of Legal Consciousness

Learning, Rationalisation and Routinisation

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Law and the Unity of Practical Reasoning

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

In the wake of World War I, the League of Nations and numerous investigative journalists went undercover to infiltrate sex-trafficking rings, conduct clandestine interviews with men and women participating in the vice trade, and identify the weak links in their operations in order to destroy this "global menace." These covert researchers discovered that the sex-trafficking industry was dominated not by vast underworld syndicates but by petty hustlers operating tiny fly-by-night operations. In Dealing in Human Flesh, Jeffrey S. Adler uses these unpublished field reports to map how small-time criminals conducted their sex-trafficking ventures. Adler shows that, despite policymakers' (and filmmakers') obsessions with the cartels and international crime rings of myth, it was in fact the business model of sex traffickers that narcotics and arms smugglers borrowed from to forge the surprisingly un-organized structure of early twenty-first-century human, cocaine, and weapons trafficking.

The Development of Transnational Sex Trafficking in the Early Twentieth Century

Dealing in Human Flesh

Zwischen Hoffnung und Wandel

Sanfte Radikalität

This open access book explores the political utility and consequences of memory laws with a focus on how militant memory laws frame, underpin and generate international conflicts. Proceeding from Russia's ongoing aggression against Ukraine, this examination plots how memory laws have preceded, partially led to, and encouraged the outbreak of the war itself via Russian propaganda. It also offers a broader perspective looking at developments in the Baltic States, Belarus, Finland, Germany, Hungary, and Poland, as well as in European (Council of Europe and European Union) law. Bringing together scholars with diverse perspectives, this book provides both analysis and conceptual reflection for scholars assessing the politics of memory laws. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open Access was funded by the University of Copenhagen.

Russia, Ukraine and Beyond

The Politics of Memory Laws

Harnessing Open Source Evidence in Kenya

Accountability for Human Rights Violations

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

From Empire to the Contemporary World

Australia in the International Legal System

Why the Legal Person Remains a Man

Manning the Law

Geopolitics and the High North

The Arctic Großraum

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

The Formation of Legal Consciousness

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