<div class="raw-html-embed"><a href="https://staempflirecht.ch/studium">JUS-Studium? Das Fachwissen von Expertinnen und Experten des Schweizer Rechts – griffbereit!</a></div>

Über uns

À propos de nous

Nachhaltigkeit

Durabilité

Open Access

Karriere

Carrière

Aboverträge Kündigen

Résiliation d’abonnement

Vertrag widerrufen

Résiliation de contrat 

Datenschutz

Protection des données

Impressum

Mentions légales

Barrierefreiheit

Accessibilité

Zahlung und Lieferung

Paiement et livraison

Libra

Was ist Libra?

C'est quoi Libra ?

Kostenlos testen

Tester gratuitement

LEXIA

LEXIA Arbeitsrecht

Was ist LEXIA?

C'est quoi LEXIA ?

LEXIA Familienrecht

Zeitschriften

Revues

recht

Pflegerecht

ZBJV

forumpoenale

ZStrR

Anwaltsrevue

Revue de l'avocat

RSAS

FamPra.ch

ASYL

Life Science Recht

BlAR

Sachbuch

Livres spécialisés

LOKI

Semaphor

Fokusthemen

Focus

Thema

Recht studieren

Arbeitsrecht

Droit du travail

Studium

Études

Familienrecht

Droit de la famille

Sozialversicherungsrecht

Droit des assurances sociales

Strafrecht

Droit pénal

Aktienrecht

Droit des sociétés anonymes

Publikationen

Publications

Literatur

Digitales Angebot

Bücher

Livres

Buchreihen

Collections

Onlinemodule LEXIA

Modules en ligne LEXIA

recht.ch

Studienliteratur

Littérature pour les études

Swisslex

Dienstleistungen

Services

Dienstleistungen für

Corporate Books

Publishing Lösungen

Aktuelles

Geschäftskunden

Professionnels

Corporate Publishing

Content solutions

Buchhandlungen

Librairies

Veranstaltungen

Événements

Presse

Dozierende

Enseignants

Studierende

Étudiants

Inserierende

Annonceurs

Newsletter

Blog

Autorinnen/Autoren

Auteurs

Unsere Schreibenden

Hilfe

Unsere Autorinnen und Autoren

Liste

Autorenlounge

Espace des auteurs

Bei uns publizieren

Publier chez nous

Open Access Policy

Verlag

Éditions

Themen

Mehr wissen

Mitarbeitende

Collaborateurs

Geschichte

Histoire

Unser Magazin

Notre magazine

Vision und Mission

Vision et mission

Partner

Partenaires

Unternehmenskultur

Culture d'entreprise

Kontakt

Contact

Shop

Schweizer Recht

Ausländisches Recht

Über unseren Shop

Neuerscheinungen

Nouveautés

Unsere Funktionen

Nos fonctions

Vorankündigungen

À paraître

Nach Rechtsgebiet

Par domaine juridique

Kommentare

Commentaires

Gesamtkatalog

Catalogue complet

Fachkatalog Recht

Catalogue de droit

Critelli N: The Maxims of Equity

The Maxims of Equity

This book is the first collection of essays on Bernard Williams' moral and political philosophy to shed light on the nature of law, and key legal concepts. By the time of his death in 2003, Williams was widely regarded as the most important moral philosopher of his generation. Surprisingly, his work is still largely under-discussed in legal theory. This book aims to fill this gap with brand new discussions from scholars both from law and philosophy. The first part of the book focuses on Williams' work on responsibility and regret and its implications for law. Drawing from Ancient Greek authors, Williams maintained that luck might play a key role in our practices of responsibility and that some dimensions of responsibility are tied to the notion of having a character. What we do - intentionally or not - might affect our understanding of ourselves and of our place in the world. How do those ideas help us in making sense of legal responsibility? How broader concerns about our practices of responsibility impact the law? Those are some of the questions addressed by the authors in this part. The second part looks at how Williams' understanding of philosophy can shape the way we do jurisprudence. Williams' work on the methodology of philosophy combines resources from analytical philosophy, continental authors, history, and literature. He understood philosophy as a humanistic discipline. The authors in the second part of the book draw from Williams' work, notably his innovative take on the genealogical method, to discuss how we could practice legal philosophy in this same spirit.

From Agency and Responsibility to Methodology

Bernard Williams on Law and Jurisprudence

The Law That Never Was

Informal Decision Making in the European Community Under the Luxembourg Compromise

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance. The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro. Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

This volume explores the various intellectual property dynamics that emerged during the Cold War, circa 1946-1980. This period brought about some of the most poignant moments in the development of twentieth-century international intellectual property rights, when competing economic systems recognised the value in innovation, human creativity, cinema, and international intellectual property norms and institutions. Examining these developments from a Cold War approach can say much more as it allows for the examination of processes and norms that cater to strong domestic intellectual property rules in Western capitalism while yielding to 'universal' or 'common' property norms in copyright in socialist states. This volume connects some of the different advances made in the international emergence of these competing developments regarding intellectual property rights and emphasises the role of intellectual property institutions, processes, and universalism that helped keep Cold War rivals on the same normative, foundational street for intellectual property rights. Contributors are: P. Sean Morris, Peter. B. Maggs, Lodewijk van Dycke, Hans Morten Haugen, Phillip Johnson, Jose Bellido, Johanna Gibson, Sarah Rajec, Hannibal Travis, Johanna Dahlin, and Jocelyn Bosse.

The Cold War Structure of International Intellectual Property Law, 1946-1980

This book defends the relational approach to law. It begins by exploring how law is constituted in the context of either rational or reasonable conduct. Having identified reasonableness as the unifying theme of natural law theories, it argues that the form and authority of law originate in the practical resolution of a moral antinomy that these theories leave unaddressed. The reasonableness of law lies in the structure and principles of relations in which rights are correlated with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, law emerges from our interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as expressions of a common will. The book concludes that, unsurprisingly, modern constitutionalism represents a thoroughly pragmatic and most defensible conception of the authority of law.

A Pragmatist Philosophy of Law

The Constitution of the Legal Relation

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Globe Law and Business

Trust Laws in Italy

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

Henry Maine's Ancient Law as an Expression of Victorian Humanism

Since the 1970s, large corporations have increasingly relied on in-house legal services rather than external counsel. Maximilian Meisgeier analyzes this shift through the lens of information and institutional economics, advocating for a modern, economics-based regulation of the legal services market.

Der Unternehmensjurist als Institution des Rechtsdienstleistungsmarkts und der Rechtsordnung

Rechtsdienstleistungen zwischen Markt und Hierarchie

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

Law and Practical Reason

Moral Responsibility and Artificial Intelligence

The Maxims of Equity

Weitere Titel zum Thema