Suchergebnisse

The volume examines the impact of applying transnational rules on the repertory, methods and practice of legal interpretation. It scrutinizes how globalization processes in law - those reaching top-down (such as European law), as well as those developing bottom-up (such as the new lex mercatoria and international commercial arbitration) - influence the often highly innovative use of various methods of legal rendition. It also examines to what extent they affect supranational and domestic decision-making.Capturing the current development of universalizing tendencies in legal interpretation, the book offers both an extensive theoretical background and thorough studies on adjudicatory practice in such fields as European and constitutional law, international business law and arbitration or criminal law.

Senior Project submitted to The Division of Social Studies of Bard College.

The Analogy between Logic and Dialogic of Law -- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure -- Milking the Meter - On Analogy, Universalizability and World Views -- The Function of Analogy in Law: Return to Kant and Wittgenstein -- Analogy in Legal Science: Some Comparative Observations -- Legal Analogy between Interpretive Arguments and Productive Arguments -- Legal Knowledge and Meaning (The Example of Legal Analogy) -- Analogical Reasoning and Legal Institutions -- Analogy in the Law.

Friedrich Nietzsche claimed to be a psychologist. This claim is substantiated in his criticism of religion. In this book, Jan-Olav Henriksen provides new perspectives on Nietzsche's contribution to such criticism by applying elements from attachment theory and self-psychology. The result is that Nietzsche's insights into the problematic elements in religion point beyond what he was able to articulate based on the psychological resources available to him. Henriksen sheds new light on the psychological dimensions in Nietzsche's individualism, his understanding of God, morality, metaphysics and emotions, and demonstrates how Nietzsche's criticism of religion is rooted in both psychological splitting and a profound loss of the orientational resources religion provided in his childhood

"This book introduces readers to Indian philosophy by presenting the first integral English translation of Vaiśeṣikasūtra with the earliest extant commentary of Candrānanda on the old aphorisms of Vaiśeṣika school of Indian philosophy. The book offers a comprehensive description of the fundamental categories of ontology and metaphysics, among which the category of 'particularity' (viśeṣa) plays a major role in the 'problem of individuation' of 'substance' and 'nature' in both Indian and Western metaphysics. The book should be read primarily in relation to Aristotle's Categories and is structured in three parts. Part 1 contains a general introduction to Indian philosophy and the Vaiśeṣika system. Part 2 is a textual-philological discussion on the commentary itself, since its first publication in 1961 by Muni Jambūvijayaji up until the present day. Part 3 is a philosophical translation that reads Vaiśeṣika in the global context of Comparative Philosophy and makes the text accessible to all philosophy readers interested in ontology and metaphysics. A new reference work and a fundamental introduction to anyone interested in Indian and Comparative Philosophy, this book will be of interest to academics and students in the field of Classical Studies, Modern Philosophy and Asian Religions and Philosophies"--

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

First published in 1931. This re-issues the edition of 1972. This translation and Wilhelm's invaluable commentaries provide a concise and readable survey of Confucius, the man and his teachings. This volume translates The Life of Confucius from an ancient Chinese text, the Shih Chi, or The Historical Records by Sse-Ma Ch'ien, dating from the turn of the second century B.C.

The present work comprises Soviet Philosophy of Law, Land and Labor Law, State Law, Soviet Justice and also social structure (Soviet Society), International Law (principles and practice) and the legal order in the Soviet satellites. Application of the comparative method allows the author to describe all the differences between the legal system of the modem democratic nations and Soviet law. Owing to the analysis of both systems and their psychological and sociological effects, it becomes easier to understand what the Soviet legal system means for an individual and society, for national economy and morals. It is a new approach to the study of the two different legal systems, avoiding various details and uncovering the essentials of the Soviet legal system in a form understandable not only by specialists. It explains in a readable form why, according to the author, the Soviet legal system cannot secure either welfare or a sound basis for social life.

This book is about conscience and love in making judicial decisions. It looks at law not as a body of rigid rules applied by emotionless judges, but as a creative process in which the judges make their fundamental choices. The judges do love and they do hate when they make their decisions. On the basis of the rich tradition of Christian ethics, the author addresses the question: why should the judges love those who are affected by their decisions, and how do they do that? Readership: Academics and anyone interested in philosophy of law and legal ethics

Senior Project submitted to The Division of Social Studies of Bard College.