£44.99
Professional roles are often thought to bring role-specific permissions and obligation, which may allow or require role-occupants to do things they would not be permitted or required to do outside their roles, and which as individuals they would rather not do. This feature of professional roles appears to bring them into conflict both with ‘ordinary’ or non-role morality, and with personal integrity which is often thought to demand some form of personal endorsement of one’s conduct. How are we to reconcile the demands of roles with ordinary morality and with…
Professional roles may require people to do things that conflict with ordinary morality and personal integrity. How can we reconcile the demands of our roles with our ethics? This collection explores these questions for lawyers, judges, politicians, and more.
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Modern Legal Interpretation
Legalism or Beyond
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases,…
Legalism depicts judges as merely applying pre-existing rules. But is this theory too naïve? Can such a formalist approach withstand critiques from Dworkinian interpretivism or legal realists? Prominent legal philosophers discuss these and other issues of legal interpretation.
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£61.99
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
This title delves into a variety of problems connected to philosophy and philosophy of law. It discusses monism-pluralism in philosophy, philosophy of post-positivism and postmodernism, and dialectics as a methodological basis of scientific cognition and philosophy of law.
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Cosmopolitanism
Between Ideals and Reality
Cosmopolitanism is the idea of humanity as a single community or polis. Beyond particularities, all human beings (and in some versions of cosmopolitanism certain non-humans) are part of a community, and have responsibilities, rights and the power to decide on a common future. Ideas of cosmopolitan vary from the purely moral to cultural, social, legal, institutional, political, educational and economic cosmopolitanism, or combine some or all of these facets. All of these different perspectives try to establish the basis necessary to create a true cosmopolitanism. This book provides an introduction…
This publication provides an introduction to the ideality and reality of cosmopolitanism, presenting it “in genesis” and giving a point of departure to students and readers of cosmopolitanism from which to analyse its various contemporary versions and proposals.
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