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The Policy of Law
The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring …
Paradigms in Modern European Comparative Law
This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field.With the …
On Law and Legal Reasoning
This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of …
Legal Validity
Critical human interests are affected on a daily basis by appeal to past decisions deemed to be ‘legally valid’. They include statutes, deportation orders, judgments, mortgage …
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law
Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in …
The Harmonisation of European Private Law
This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of …
Law as Communication
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of …
Methodologies of Legal Research
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn …
Moral Conflict and Legal Reasoning
Winner of the 1998 European Award for Legal Theory European Academy of Legal Theory Monograph Series This book sets the significance of moral conflict as a core concern for …
Objectivity in Law and Legal Reasoning
Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, …
Making the Law Explicit
Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack …
Epistemology and Methodology of Comparative Law
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a …