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The book is a work on analytical legal theory, written from a postpositivist, detached point of view. The book analyses the most important international and domestic legal aspects of German unification. Part One Chapter one-five contains a general introduction then deals with international issues: Part Two Chapters six-nine deals with domestic matters: The aim is to give the reader an overview of the most controversial and problematic issues of German unification.

Kenneth Einar Himma Languange: Franz Steiner Verlag Format Available: Positivism in Law and International Law D. Is Positivism a State Centered Theory? Choosing Legal Theory on Cultural Grounds: Hart's Last Legal Positivism: The House Kelsen Built U. Jurisprudence and the Concept of Revolution D. Hans Petter Graver Languange: This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law.

It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist? Markus D Dubber Languange: Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes.

It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.

Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays.

The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences.

The collection covers material interesting for philosophers, lawyers and social scientists. Columbia University Press Format Available: More than half a century before the mass executions of the Holocaust, Germany devastated the peoples of southwestern Africa.

The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria.

In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed.

The book is a work on analytical legal theory, written from a postpositivist, detached point of view.

The book analyses the most important international and domestic legal aspects of German unification. Part One Chapter one-five contains a general introduction then deals with international issues: Part Two Chapters six-nine deals with domestic matters: The aim is to give the reader an overview of the most controversial and problematic issues of German unification. Kenneth Einar Himma Language: Franz Steiner Verlag Format Available: Positivism in Law and International Law D.

Is Positivism a State Centered Theory? Choosing Legal Theory on Cultural Grounds: Hart's Last Legal Positivism: The House Kelsen Built U. Jurisprudence and the Concept of Revolution D. Hans Petter Graver Language: This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law.

It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist? Markus D Dubber Language: Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes.

It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied.

Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

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