jurisprudence of jurisdiction ucl

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Jurisprudence Of Jurisdiction

Author : Shaun Mcveigh
ISBN : 9781135428273
Genre : Law
File Size : 69. 68 MB
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For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.

Legal And Political Philosophy

Author : Enrique Villanueva
ISBN : 9042011033
Genre : Philosophy
File Size : 83. 45 MB
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Legal and Political Philosophy, edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy, published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply.Social, Political, and Legal Philosophyis a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies. The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.

Jurisprudence Of Jurisdiction

Author : Shaun Mcveigh
ISBN : 9781135428280
Genre : Law
File Size : 52. 19 MB
Format : PDF, ePub, Docs
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For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.

U C L Jurisprudence Review

Author : Stephen Guest
ISBN : STANFORD:36105062219477
Genre : Law reviews
File Size : 81. 4 MB
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Shipping Interdiction And The Law Of The Sea

Author : Douglas Guilfoyle
ISBN : 9780521760195
Genre : Law
File Size : 82. 62 MB
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

The Concept Of Law From A Transnational Perspective

Author : Dr Detlef von Daniels
ISBN : 9781409497134
Genre : Law
File Size : 83. 11 MB
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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

The Oxford Handbook Of Contemporary Philosophy

Author : Frank Jackson
ISBN : 0199234760
Genre : Law
File Size : 45. 78 MB
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A guide to today's most exciting research in academic philosophy with more than 30 distinguished scholars to contribute incisive and up-to-date critical surveys of the principal areas of research.

Human Rights In The Uk And The Influence Of Foreign Jurisprudence

Author : Hélène Tyrrell
ISBN : 9781509904969
Genre : Law
File Size : 78. 19 MB
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Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

International Investment Law And Arbitration

Author : Chin Leng Lim
ISBN : 9781316853030
Genre : Law
File Size : 63. 23 MB
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What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.

Women Gender And Human Rights

Author : Marjorie Agosín
ISBN : 0813529832
Genre : Political Science
File Size : 21. 78 MB
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The 1948 United Nations Universal Declaration of Human Rights expresses the credo that all human beings are created free and equal. But not until 1995 did the United Nations declare that women's rights to be human rights, and bring gender issues into the global arena for the first time. The subordination of indigenous and minority women, ethnic cleansing, and the struggle for reproductive rights are some of the most pressing issues facing women worldwide. Women, Gender, and Human Rights is the first collection of essays that encompass a global perspective on women and a wide range of issues, including political and domestic violence, education, literacy, and reproductive rights. Most of the articles were written expressly for this volume by internationally known experts in the fields of government, bioethics, medicine, public affairs, literature, history, anthropology, law, and psychology.

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