The logic of consent

the diversity and deceptiveness of consent as a defense to criminal conduct

The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number ...

Deliberation and decision

economics, Constitutional Theory and deliberative democracy

"Deliberation and Decision" explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions ...

Right and prejudice

prolegomena to a Hermeneutical philosophy of Law

Most current works in the field of legal interpretation approach problems from the point of view of analytical philosophy. In this book, however, Jarkko Tontti adopts the somewhat neglected viewpoint of continental hermeneutical philosophy, as developed by thinkers such as Gadamer, Ricoeur, Vattimo and Heidegger ...

The mother of all crimes

Human Rights, criminalization and the child born alive

This book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act ...

Your life or mine

how geoethics can resolve the conflict between public and private interests in xenotransplantation

The issue of xenotransplantation is the subject of this monograph. The author demonstrates that problems regarding the introduction of zoonoses into the human gene pool can be overcome. The book also considers costs, and the perception by some that using animals to keep dying humans ...

Defining civil and political rights

the jurisprudence of the United Nations Human Rights Committee

INDEX: Introduction, Scott Davidson; Procedure under the optional protocol, Scott Davidson; Self-determination, Richard Burchill; Democratic and civil rights, Alex Conte; Security of the person, Alex Conte; The judicial process, Alex Conte; Privacy, honour and reputation, Alex Conte; Equality and non-discrimination, Scott Davidson; Minority rights, Richard ...

Protection of Property Rights within the European Convention on Human Rights

This work discusses the concept of property as a human right within the context of the European Convention on Human Rights. Within the last two decades, the Article established by the Convention has become a significant human rights instrument for member states of the Convention ...

Understanding Human Rights violations

new systematic studies

This excellent volume presents a systematic analysis of various human rights violations around the globe, focusing on security and subsistence rights. The book collects important contributions to the theoretical development of the human rights phenomenon, covering a wide range of human rights issues and research ...

Hard choices, soft Law

voluntary standards in global trade, environment and social governance

An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law ...

Internal conflict and the International Community

wars without end?

Roderic Alley debates whether conflict within states has emerged as the Achilles Heel of the international community. Across numerous dimensions - ethical, legal, humanitarian, analytical and prescriptive - wars within states have tested the international political community and found it wanting. This study investigates the roots of ...

Dictionnaire historique de l'Islam

Public governance in the Age of Globalization

Globalization and its relationship to public governance is one of the key issues of our time. In this book, experts from a number of disciplines attempt to define what these two terms mean and, perhaps even more importantly, what they do not. Taking as a ...

European Union Environmental Law

an introduction to key selected issues

This comprehensive book provides analysis and discussion on key selected issues in EU environmental law. It attempts to provide the reader with a clear picture of some of the most important developments in this increasingly significant sphere of European business law. The issues covered include ...

International environmental justice

a North-South dimension

This work satisfies the need for a thorough assessment of environmental justice concerns at the global level. Using three international environmental case studies, it extends the theory of environmental justice, commonly used in domestic settings, to the international arena of environmental law, policy and politics ...

Nuclear waste

Law, policy and pragmatism

This book identifies the current treatment and proposed future of nuclear waste,looking at wider policies, stakeholder perceptions, international pressures and future energy scenarios. The key argument of the book is that, in the future, the regulation of nuclear waste must be treated as a ...

European Insolvency Law

Insolvency is a subject that has gained considerable standing as an object of academic study and professional attention since its incipient origins as an offshoot of company law, or - in the case of the bankruptcy of individuals - the law affecting the estates of individuals. Moreover ...

Free movement of goods and services within the European Community

Lorna Woods examines the framework for commercial activity within the European Community provided by the central provisions on free movement of goods and services. After providing a general introduction to the internal market in the light of revisions to the overall EC Treaty framework, she ...

Trade, aid, and arbitrate

the globalization of Western Law

This text maintains that the philosophies of contemporary international institutional organizations, coupled with the basic tenets of international abitration, hasten legal globalization and abrogate national sovereignty over international trade issues.

The formation of Islamic Law

The 14 studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries ...

Wittgenstein and Law

The papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.