Reconciling Work And Family Life In Eu Law And Policy

Author: Eugenia Caracciolo di Torella
Editor: Palgrave MacMillan
ISBN:
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This book critically assesses the policy and legislative framework for the reconciliation of work and family life at EU level, and proposes a new way of looking at this complex set of issues based in what the realities are for working families.

Current Legal Theory

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Reconciling Law And Morality In Human Rights Discourse

Author: Willy Moka-Mubelo
Editor: Springer
ISBN: 3319494961
File Size: 32,60 MB
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In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Legal Theory And The Legal Academy

Author: MaksymilianDel Mar
Editor: Routledge
ISBN: 1351560506
File Size: 29,50 MB
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The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Philosophical Foundations Of Medical Law

Author: Andelka M. Phillips
Editor: Oxford University Press, USA
ISBN: 0198796552
File Size: 66,35 MB
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With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.

Denver University Law Review

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The Constitutional History And Law Of Sierra Leone 1961 1995

Author: Bankole Thompson
Editor: University Press of Amer
ISBN:
File Size: 65,70 MB
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The Constitutional History and Law of Sierra Leone (1961-1995) is a legal analysis of the complex interaction between constitutional norms and institutional and societal forces. Sierra Leone, a new Commonwealth state once regarded as a model of British parliamentary democracy in West Africa, offers both an extraordinary constitutional setting and a fertile source of material for legal analysis in that it has not escaped the wave of revolutionary change and constitutional instability that has swept the new Commonwealth after independence. In this book the author examines, from a comparative perspective, the complex interaction of constitutional standards and institutional and societal forces as a constraining influence on constitutional democracy in Sierra Leone. This book illustrates Sierra Leone's experience with one of constitutional law's most fundamental and enduring problems--the delicate relationship between its legal and political components.

Introduction To Jurisprudence And Legal Theory

Author: Anne Barron
Editor: Oxford University Press
ISBN:
File Size: 16,22 MB
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This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.

Private International Law

Author: C. F. Forsyth
Editor:
ISBN:
File Size: 62,67 MB
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Chinese Law And Legal Theory

Author: Perry Keller
Editor: Routledge
ISBN:
File Size: 45,20 MB
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A selection of articles concerning Chinese Law and Legal Theory which reflects the diversity of contemporary approaches to the study of law in Chinese Society and the high standards of scholarship in this area.

The Journal Of Law And Commerce

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File Size: 41,81 MB
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Visions Of Contract Theory

Author: Larry A. DiMatteo
Editor:
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File Size: 29,55 MB
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This book reviews and critiques some of the major theories of contract law. The theories of contract law selected for coverage include law and economics, behavioral decision theory, inequality of bargaining power, law as interpretation (idealism), and critical legal theory. Chapters 2 through 4 examine the use of the themes of rationality and efficiency to rationalize contract law. Chapters 5 and 6 analyze the role of bargaining power in contract law. Chapters 7 and 8 analyze the idealism of Karl N. Llewellyn and Ronald Dworkin that advances the proposition that law is able to obtain internal integrity through a process of theory building. Chapter 9 explores the major tenets of Critical Legal Studies, Critical Race Theory, and Feminist Legal Theory. Chapter 9 also acts as a capstone chapter in that it incorporates much of the analysis provided in the earlier chapters. New theoretical insights into more specific areas of interest are provided, such as the problems of rational choice theory, bargaining power, theory of interpretation, and the use of contextualism as a positive methodology of critical legal theory. In the end, the book should be viewed as a series of independent essays under the very broad umbrella of contract theory.

Bentham And Legal Theory

Author: M. H. James
Editor:
ISBN:
File Size: 58,74 MB
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Michigan Law Review

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File Size: 24,16 MB
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Legal Theory In The Crucible Of Constitutional Justice

Author: Rory O'Connell
Editor: Dartmouth Publishing Company
ISBN:
File Size: 77,99 MB
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Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.

Symposium On Religion Religious Pluralism And The Rule Of Law

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File Size: 34,59 MB
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Public Law Legal Theory Paper Series Stanford Law School

Author: Barbara Fried
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ISBN:
File Size: 20,83 MB
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Ohio State Journal On Dispute Resolution

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File Size: 62,65 MB
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Dispute Processing And Conflict Resolution

Author: Carrie Menkel-Meadow
Editor: Routledge
ISBN:
File Size: 27,61 MB
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This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

Law And Legal Theory In Classical And Medieval Islam

Author: Wael B. Hallaq
Editor: Routledge
ISBN:
File Size: 17,76 MB
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This work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.