• International law
      February 2017

      Philosophy of International Law

      by Anthony Carty

      Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice.By covering a range of approaches – post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology – this book will encourage you to think afresh about how far to bring order to, or find order in, contemporary international society. ; A fundamental challenge to the foundations of the discipline of international law, this book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. ; Introduction: What Place for Doctrine in a Time of Fragmentation?; 1. Continuing Uncertainty in the Mainstream; 2. Towards a New Theory of Personality in International Law; 3. The Existence of States and the Use of Force; 4. International Economic/Financial Law; Index.

    • International law
      February 2015

      Deconstructing Energy Law and Policy

      The Case of Nuclear Energy

      by Raphael J. Heffron

      Nuclear power has been a consideration and part of energy policies of many countries across the world since its emergence as an electricity provider after the Second World War. Nuclear energy is a low-carbon energy source and therefore can contribute to reducing the effects of climate change. However, it is also faced with issues of high cost, risk and waste disposal. Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focusses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy. ; Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the US, the EU and the UK, this book identifies the key elements of effective and deliverable energy law and policy. ; 1. Introduction; 2. The Different Dimensions of Nuclear Energy Policy; 3. An Overview of EU and US Energy Legislation; 4. The Development of Romanian Nuclear Energy Law 1990-2010; 5. Energy Law and Policy Development in the US Nuclear Energy Industry: A Three State Analysis; 6. Exploring Energy Policy Inaction and Contradiction: The Case of Nuclear Energy in the US 1990-2010; 7. Revising Energy Law and Policy in the UK: Reigniting the Nuclear Energy Sector; 8. Conclusion: A Review of the Dynamics of the Nuclear Energy Industry: Strategy Development for the Nuclear Energy Sector; Appendix; Notes; References and Bibliography; Index.

    • Jurisprudence & philosophy of law
      May 2017

      Political Theology

      Demystifying the Universal

      by Marinos Diamantides, Anton Schütz

      This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. While accepting that foundational issues of religions weigh heavier than political philosophy’s aspirations, the authors question the outdated suggestions of Carl Schmitt’s political theology, building instead upon a refined version of Giorgio Agamben’s close-reading of Christian government as management. The book identifies Western-Christian tensions within jurisprudence and concludes that the West’s secular universality is passing off as politics or law what is really the management of its own dwindling primacy. ; This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. ; Introduction: Premises and Arguments; Part 1: Religions R Us; 1. From Sovereignty to Negeschatology; 2. Social Systems on the Cross; 3. The Religion of Progress; 4. Political Theology beyond Schmitt; Part 2: Historicised Political Theology; 5. From Jerusalem to Rome via Constantinople; 6. The Transition from Secularism to Post-Secularism; 7. Deeds Without Words; Notes, Index. ; Introduction: Premises and Arguments Part 1: Religions R Us1. From Sovereignty to Negeschatology2. Social Systems on the Cross3. The Religion of Progress4. Political Theology beyond Schmitt Part 2: Historicised Political Theology5. From Jerusalem to Rome via Constantinople6. The Transition from Secularism to Post-Secularism7. Deeds Without Words NotesIndex

    • Jurisprudence & philosophy of law
      July 2016

      Levinas, Ethics and Law

      by Matthew Stone

      Emmanuel Levinas’s philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what unites such apparently diverse applications of his ideas, and in doing so considers the challenge of law’s ethical relationship with the other. In addition to asking how Levinas’s ethics can inform legal problems, the book also examines how the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas’s most penetrating insight might not, therefore, lie in the law’s instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law. ; Matthew Stone asks what unites apparently disparate applications of Levinas’ ideas about law and explores the ethical challenge of law's relationship with 'the Other'. Ultimately, he is sceptical that Levinasian ethics can be invested in legal institutions and instead proposes that it should be embodied in the perpetual critique of law. ; Acknowledgements; Part I: The Importance of Ethics; 1. Introduction: The Law’s Other; 2. The Ethics of Emmanuel Levinas; Part II: Ethics and Law; 3. Can Law Be Ethical?; 4. Adjudication, Obligation, and Human Rights: Applying Levinas’s Ethics; Part III: Ethics Against the Law; 5. The Law of the Same: Levinas and the Biopolitical Limits of Liberalism; 6. Law, Ethics, and Political Subjectivity; Bibliography; Index.

    • Business, Economics & Law
      September 2019

      Schreber’s Law

      Jurisprudence and Judgment in Transition

      by Peter Goodrich

      Daniel Paul Schreber (1842–1911) was a senior German judge and jurist. He formulated a unique juridical theology of private life and developed a critical account of oikonomia, the practice of governance and administration. But his theoretical work was largely ignored due to his mental illness and his desire to be a woman in a time inhospitable to transitions. Now, Schreber’s Law looks beyond Judge Schreber's mental health to reappraise his distinguished contribution to legal theory. Peter Goodrich evaluates Schreber’s jurisprudence by analysing the Memoirs and his interpreters in detail, and sets his work in the context of both the neo-Kantian pure science of fin de siècle German jurisprudence and 21st-century legal theory. In this way, Goodrich shows how Schreber’s work challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.

    • Business, Economics & Law
      May 2012

      Evidence Essentials

      by James Chalmers

      Evidence is the branch of law that regulates how issues may be proved in court. Much of the law of evidence is concerned with the kind of evidence that can be legitimately before the court and taken into account in decision making. From civil cases to criminla cases, and from improperply obtained evidence to character evidence, Evidence Essentials guides you through the law of Evidence in Scotland. Summary sections of essential facts help you to revise what you should have learned, and summaries of Essential Cases show how the law of evidence is applied and how it has evolved in Scotland.

    • Business, Economics & Law
      January 2020

      Future Law

      Emerging Technology, Regulation and Ethics

      by Lilian Edwards, Burkhard Schafer, Edina Harbinja

      How will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change. It focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future. It covers crucial current issues such as big data ethics, ubiquitous surveillance and the Internet of Things, and disruptive technologies such as autonomous vehicles, DIY genetics and robot agents. By using examples from popular culture such as books, films, TV and Instagram – including 'Black Mirror', 'Disney Princesses', 'Star Wars', 'Doctor Who' and 'Rick and Morty' – it brings hypothetical examples to life. And it asks where law might go next and to regulate new-phase technology such as artificial intelligence, ‘smart homes’ and automated emotion recognition.

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