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Books on the topic 'Legal Rationalism'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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1

Brewer, Scott. Ends, means and meaning in legal interpretation. [Toronto, Ont.]: Faculty of Law, University of Toronto, 1994.

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2

Thienel, Rudolf. Kritischer Rationalismus und Jurisprudenz: Zugleich eine Kritik an Hans Alberts Konzept einer sozialtechnologischen Jurisprudenz. Wien: Manz, 1991.

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3

Comparative legal cultures: On traditions classified, their rapprochement & transfer, and the anarchy of hyper-rationalism with appendix on legal ethnography. Budapest: Szent István Társulat, 2012.

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4

Approaches to legal rationality. Dordrecht: Springer, 2010.

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5

Gabbay, Dov M., Patrice Canivez, Shahid Rahman, and Alexandre Thiercelin, eds. Approaches to Legal Rationality. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-90-481-9588-6.

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6

Fierro, Héctor Fix. Courts, justice, and efficiency: A socio-legal study of economic rationality in adjudication. Oxford: Hart, 2003.

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7

Pashencev, Dmitriy, Aleksandra Dorskaya, and Maksim Zaloilo. The concept of a digital state and a digital legal environment. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1288140.

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The development of digital technologies, large-scale digitalization that has covered all advanced countries, the entry of states into the era of the sixth technological order lead to significant changes in the state itself, its structure and functions. The monograph reveals the fundamental transformations of the modern state under the influence of the digital and technological vector of its development. Special attention is paid to qualitative technological changes in the main areas of state activity, the processes of creating legal norms (law-making) and their practical implementation (

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8

EU Migration Law: Legal Complexities and Political Rationales. Oxford University Press, 2014.

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9

Criminal Accusation: Political Rationales and Socio-Legal Practices. Taylor & Francis Group, 2017.

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10

Levesque, Roger J. R. Legal Rationales Relating to School Segregation and Diversity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190633639.003.0003.

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This chapter details how the legal system applies the legal developments to racial classifications, with a focus on school diversity and segregation. That analysis centers on the extent to which the government retains a compelling interest to assert a need for differential treatment and the extent to which the government’s actions reach the intended goals of furthering that compelling interest. To do so, the analysis proceeds in two directions, which reveal how the legal system raises questions that readily lend themselves to empirical formulations. The chapter concludes by presenting some of

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11

Ball, Richard. The Legitimacy of The European Union through Legal Rationality. Routledge, 2013. http://dx.doi.org/10.4324/9780203703205.

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12

Krawietz, Werner, Neil MacCormick, and Georg Henrik von Wright, eds. Prescriptive Formality and Normative Rationality in Modern Legal Systems. Duncker & Humblot, 1994. http://dx.doi.org/10.3790/978-3-428-47895-8.

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13

Dawkins, Casey J. Exclusionary Land-Use Policies: Economic Rationales and Legal Remedies. Oxford University Press, 2011. http://dx.doi.org/10.1093/oxfordhb/9780195380620.013.0021.

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14

Pugh, Jonathan. Autonomy, Rationality, and Contemporary Bioethics. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858584.001.0001.

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Personal autonomy is often lauded as a key value in contemporary Western bioethics, and the claim that there is an important relationship between autonomy and rationality is often treated as an uncontroversial claim in this sphere. Yet, there is also considerable disagreement about how we should cash out the relationship between rationality and autonomy. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient’s right to refuse medical treatment, regardless of whether ‘… the reasons for making the choice are rational, ir

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15

Jolls, Christine. Bounded Rationality, Behavioral Economics, and the Law. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.005.

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Behavioural economics has become a leading force in applied economics, including in economic analysis of law. At the heart of behavioural economics is the concept of bounded rationality. Bounded rationality suggests that humans face important limitations in knowledge and decision-making capability. Such limitations have clear importance to both the understanding and the improvement of the legal system. Knowledge limitations present a particularly compelling area for legal analysis. Two case studies of debiasing through law in response to knowledge limitations reveal the potential mechanisms by

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16

Fix-Fierro, Hector. Courts, Justice and Efficiency: A Socio-Legal Study of Economic Rationality in Adjudication. Hart Publishing (UK), 2004.

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17

Ball, Richard. Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals. Taylor & Francis Group, 2015.

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18

Ball, Richard. Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals. Taylor & Francis Group, 2013.

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19

Werner, Krawietz, MacCormick Neil, Wright, G. H. von 1916-, and Summers Robert S, eds. Prescriptive formality and normative rationality in modern legal systems: Festschrift for Robert S. Summers. Berlin: Duncker & Humblot, 1994.

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20

Krawietz, Werner, Neil MacCormick, and Georg Henrik von Wright, eds. Prescriptive Formality and Normative Rationality in Modern Legal Systems. Festschrift for Robert S. Summers. Duncker & Humblot, 1994. http://dx.doi.org/10.3790/978-3-428-07895-0.

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21

Alexy, Robert. Law's Ideal Dimension. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198796831.001.0001.

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Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined by authoritative issuance and social efficacy, with an ideal dimension, defined by the claim to correctness, which essentially includes a claim to justice. The chapters of the first part of the book establish on this basis a non-positivistic concept of law. In the second part, the concept of constitutional rights is connected with proportional

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22

Sanders, Rebecca. Permissive Constraint. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190870553.003.0002.

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Can legal norms limit state violence? International relations and international law scholarship provide a variety of answers to this problem. Realist, decisionist, and critical theorists conceptualize law as permit, as a weak constraint on and tool of powerful states. In contrast, liberals and constructivists emphasize law’s capacity to constrain states for rationalist and normative reasons. This chapter examines whether these contending perspectives adequately account for how authorities navigate legal rules across legal cultures. It argues that legal cultures of exception and secrecy tend to

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23

Javier, El-Hage. How May Tribunals Apply the Customary Necessity Rule to the Argentine Cases? An Analysis of ICSID Decisions with Respect to the Interaction between Article XI of the U.S.-Argentina BIT and the Customary Rule of Necessity. Oxford University Press, 2013. http://dx.doi.org/10.1093/law-iic/9780199983025.016.0011.

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This chapter addresses the question of why the nine decisions from the International Centre for Settlement of Investment Disputes (ICSID) arising under the treaty between the United States of America and the Argentine Republic concerning the reciprocal encouragement and protection of investment have been so inconsistent in the face of largely undisputed facts and identical legal norms. It first sets forth, in abstract, a set of interpretive parameters and corresponding legal rationales that may be followed by tribunals when dealing with situations in which treaty and customary international la

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24

Siems, Mathias M. Taxonomies and Leximetrics. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.18.

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This chapter focuses on taxonomies that are commonly applied to corporate law and governance. It begins with an overview of the main rationales for and types of such corporate taxonomies before turning to a discussion of four types of typologies: limited typologies dealing with either legal or non-legal questions, and general typologies having either a legal or a non-legal focus. It then outlines challenges to these taxonomies, with particular emphasis on the criticism against the quantitative research on “legal origins” and how “leximetrics” can be used to address the question of whether or n

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25

Cady, Duane L. Moral Vision: How Everyday Life Shapes Ethical Thinking (Studies in Social, Political, and Legal Philosophy). Rowman & Littlefield Publishers, Inc., 2005.

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26

Cady, Duane L. Moral Vision: How Everyday Life Shapes Ethical Thinking (Studies in Social, Political, and Legal Philosophy). Rowman & Littlefield Publishers, Inc., 2005.

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27

Neves, Marcelo. Constitutionalism and the Paradox of Principles and Rules. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898746.001.0001.

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The present book offers a critical counterpoint to Ronald Dworkin’s principle-based theory, and in particular to Robert Alexy’s idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least ‘satisficing’ balancing, considering the precariousness of legal rationality. The book also reverses Dworkin’s metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice,

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28

Yeon, Asmah Laili, and Yuhanif Yusof, eds. Philisophy and Theory of Law. UUM Press, 2015. http://dx.doi.org/10.32890/9789670876023.

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Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academi

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29

Stahn, Carsten. Justice as Message. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198864189.001.0001.

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International criminal justice is a form of social performance. It relies on messages, speech acts, and performatives practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg or Tokyo and other post-Second World War trials have been branded as ‘spectacles of didactic legality’. However, the expressive and the communicative functions of law have been sidelined in institutional discourse and legal practice. The concept of expressivism is referred to in justifications of punishment or sentencing rationales. It appears as reference in scholarly treatises, but it h

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30

Sanders, Rebecca. Deprivations of Life and Liberty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190870553.003.0004.

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Post-9/11 American counterterrorism policy has strained legal prohibitions on arbitrary deprivations of life and liberty. This chapter surveys domestic and international legal norms governing killing and detention in peace and war and traces how Americans have justified breaking these rules over time. In cultures of exception, authorities invoked wartime necessity as well as explicitly racist logics to kill, deport, intern, and violate the due process rights of people deemed dangerous. During the Cold War, the United States secretly colluded with allied regimes to disappear dissidents. In the

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31

Stone, Adrienne, and Frederick Schauer, eds. The Oxford Handbook of Freedom of Speech. Oxford University Press, 2021. http://dx.doi.org/10.1093/oxfordhb/9780198827580.001.0001.

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This book discusses freedom of speech, which is central to the liberal democratic tradition. Freedom of speech touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. Moreover, it is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The book provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of

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32

Koskenniemi, Martti, Mónica García-Salmones Rovira, and Paolo Amorosa, eds. International Law and Religion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805878.001.0001.

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This book maps out the territory of ‘international law and religion’ challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. In other words, international law would be the final product of a rationalist and humanist tradition that has become globally ‘adult’. By questioning that narrative of secularization this book places itself in almost uncharted territory. The book

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33

Mears, Daniel P., and Joshua C. Cochran. Who Goes to Prison? Edited by John Wooldredge and Paula Smith. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199948154.013.2.

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This essay discusses changes in the composition of inmate populations in the United States over the past several decades based on legal factors (i.e., types of offenses and offenders) and demographic variables (i.e., race, ethnicity, age, and sex) and examines why variation in inmate composition matters. In particular, black incarceration rates are substantially greater than those of whites and Hispanics, and over time these differences have become more pronounced for black males in particular as compared to other groups. Possible reasons for these changes are considered such as the roles of p

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34

Lawson, Gary, and Guy I. Seidman. Deference. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190273408.001.0001.

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Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most underanalyzed and undertheorized legal concepts and practices, perhaps because its applications are so varied. This book’s goal is to provide a definition of and vocabulary for deference that can be used to describe, explain, and/or criticize deference in all of its manifestations in the law, including

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35

French, Nathan S. And God Knows the Martyrs. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190092153.001.0001.

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Jihadi-Salafi narratives of martyrdom-seeking operations are filled with praise for what they label the exemplary self-renunciative acts of their martyrs performed as a model of the earliest traditions of Islam. While many studies evaluate the biographies of these would-be martyrs for evidence of social, psychological, political, or economic strain in an effort to rationalize what are often labeled “suicide bombings,” this book argues that through their legal arguments debating martyrdom-seeking operations, Jihadi-Salafis, including those fighting for al-Qaʿida, ISIS, and their affiliates, cra

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36

Sample, Lisa L., and Emily C. Radar. Rape and domestic sexual assault. Edited by Teela Sanders. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190213633.013.5.

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The way in which we define rape and domestic sexual assault, the rates at which it occurs, the motives for offending, and the legislative and criminal justice responses have varied across and within nation-states over time. This essay covers the historical context of rape laws, legal definitions of rape over time, how definitions of rape vary across nations, and the inclusion of domestic sexual assault in rape definitions. It reviews the rates of rape over time across nations using official and victimization data. It discusses the motives offered to explain, rationalize, or justify forced sexu

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37

Choo, Andrew L.-T. Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806844.001.0001.

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Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (fifth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Crim

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38

Reynolds, Jesse L. Solar Climate Engineering, Law, and Regulation. Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199680832.013.71.

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Solar climate engineering—intentional modification of the planet’s reflectivity—is coming under increasing consideration as a means to counter climate change. At present, it offers the possibility of greatly reducing climate risks, but would pose physical and social risks of its own. This chapter offers an introduction to solar climate engineering, and explores its potential, risks, and legal and regulatory challenges. It also contextualizes these proposals with respect to other emerging technologies and the broader socio-political milieu. The chapter discusses the contours of existing and pot

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39

Sanders, Rebecca. Surveillance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190870553.003.0005.

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This chapter explores shifting patterns of intelligence surveillance in the United States. The Fourth Amendment protects Americans from unreasonable search and seizure without a warrant, but foreign spying is subject to few constraints. During the Cold War, surveillance power was abused for political purposes. Operating in a culture of secrecy, American intelligence agencies engaged in extensive illegal domestic spying. The intelligence scandals of the 1970s revealed these abuses, prompting new laws, notably the Foreign Intelligence Surveillance Act. Fearing further recrimination, the national

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40

Davis, Kevin E. Between Impunity and Imperialism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070809.001.0001.

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Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up

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41

Nikoletta, Kleftouri. Deposit Protection and Bank Resolution. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198743057.001.0001.

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The 2007–08 global financial crisis proved that the interests of bank depositors are inadequately protected. Although a vast expansion in deposit protection systems around the world followed, our understanding of the impact of those systems and their interaction with bank resolution is still in its infancy. The focus of bank resolution studies has been on the largest systemically important banks, which have wholesale creditors who would be bailed in, leaving retail depositors untouched. However, many banks rely mostly on deposits for financing, and the number of banks of this form is expected

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42

Rex, Ahdar, and Leigh Ian. Part III, 9 Medical Treatment. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.003.0009.

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This chapter examines several medico-legal issues insofar as they have a religious dimension or implicate the religious liberty of the persons seeking or refusing treatment. The chapter is organized as follows. Section II summarizes the law concerning medical treatment, contrasting the position of adults, adolescents or teenagers, and infants. Section III considers the underlying assumptions represented in the disputes between the law and certain religionists who spurn conventional medical treatment in favour of exclusive reliance upon prayer or other spiritual cures. The premises which form t

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43

Roger, Halson. Liquidated Damages and Penalty Clauses. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.001.0001.

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This book focuses on liquidated damages and penalty clauses, and analyses the common law jurisdiction to control stipulated damages clauses, as well as the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part of the book examines the historical origin of the control of these clauses; the second part describes the current control of such clauses and their legal effect, while the third part of the book critically examines the various rationales that have been proposed to justify their regulation. The final part of the book describes analogo

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44

Devereux, Andrew W. The Other Side of Empire. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501740121.001.0001.

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Via rigorous study of the legal arguments that Spain developed to justify its acts of war and conquest, this book illuminates Spain's expansionary ventures in the Mediterranean in the late fifteenth and early sixteenth centuries. The book proposes and explores an important yet hitherto unstudied connection between the different rationales that Spanish jurists and theologians developed in the Mediterranean and in the Americas. It describes the ways in which Spaniards conceived of these two theatres of imperial ambition as complementary parts of a whole. At precisely the moment that Spain was es

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45

Choo, Andrew L.-T. Evidence. 6th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198864172.001.0001.

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Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (sixth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Crim

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46

Parnas, Josef. On psychosis: Karl Jaspers and beyond. Oxford University Press, 2013. http://dx.doi.org/10.1093/med/9780199609253.003.0014.

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Psychosis is one of the cardinal concepts of psychopathology (Jaspers), with an important descriptive use and frequent but unclear nosological connotations. Despite its central role in clinical psychiatry, it is only inadequately and vaguely addressed and articulated in the contemporary psychodiagnostic manuals. Typically, the descriptive use of this concept—as a ”break with reality”—is always infused with, and framed by pathogenetic hypotheses (e.g. ”weak ego-function” or ”brain disorder”). Because we are not in possession of any extraclinical index of psychosis, all definitions of”psychosis”

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47

Rex, Ahdar, and Leigh Ian. Religious Freedom in the Liberal State. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.001.0001.

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Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on the United Kingdom, the United States, Canada, New Zealand, Australia, and the European Convention on Human Rights it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Chr

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48

Murphy, Gretchen. New England Women Writers, Secularity, and the Federalist Politics of Church and State. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198864950.001.0001.

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Drawing on novels, poetry, correspondence, religious publications, and legal writing, this book offers a new account of women’s political participation in the process of religious disestablishment. Scholars have long known that eighteenth- and nineteenth-century American women wrote pious, sentimental stories, but this book uses biographical and archival methods to understand their religious concerns as entry points into the era’s debates about democratic conditions of possibility and the role of religion in a republic. Beginning with the early republic’s constitutional and electoral debates a

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49

Foster, Caroline E. Global Regulatory Standards in Environmental and Health Disputes. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198810551.001.0001.

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Potentially global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and inferring

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50

Dusenbury, David Lloyd. Nemesius of Emesa on Human Nature. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198856962.001.0001.

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Nemesius of Emesa’s On Human Nature (De Natura Hominis) is the first Christian anthropology. Written in Greek, circa 390 CE, it was read in half a dozen languages—from Baghdad to Oxford—well into the early modern period. Nemesius’ text circulated in two Latin versions in the centuries that saw the rise of European universities, shaping scholastic theories of human nature. During the Renaissance, it saw a flurry of print editions, helping to inspire a new discourse of human dignity. This is the first monograph in English on Nemesius’ treatise. On the interpretation offered here, the Syrian bish

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