The philosophy of legal change : theoretical perspectives and practical processes / Maciej Chmielinski and Michal Rupniewski.
2020
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Title
The philosophy of legal change : theoretical perspectives and practical processes / Maciej Chmielinski and Michal Rupniewski.
Imprint
Abingdon, Oxon ; New York, NY : Routledge, 2020.
Description
1 online resource
Formatted Contents Note
Introduction : legal change and political philosophy / Maciej Chmielinski
Standards of law-making as the parts of normative space in the post-modern democratic states : the question of justification and legitimacy of law / Tadeusz Biernat
Public reason, background culture, and the justification of legal change / Michal Rupniewski
The moral, the political, and the legal : changing patterns of justification in a world of legal pluralization / Eva Weiler
Human rights : desiderata of a theory of change / Stephen Riley
Legal "determinism" or/and legal "creationism"? : conservative-communitarian versus contractarian approaches to legal change / Maciej Chmielinski
Natural law ethics and the issue of legal change / Michal Rupniewski
Natural law against natural rights in the thought of Alasdair Macintyre / Kamil Aksiuto
Kant's conception of legal change / Eduardo Charpenel
Economism, voluntarism, and materialist historicism : three faces of the Marxist instrumental approach to legal change / Maciej Chmielinski
Petrifying, disregarding or reforming customs : can customary law be changed in a liberal way? / Marc Goetzmann
The "codification moment" : an attempt to define factors of effective law reform illustrated with the example of the Swiss Civil Code of 10 December 1907 / Maria Lewandowicz
Exogenous institutional change as coercion and the ideological neutrality litmus : the case of Polish communism / J. Patrick Higgins
The coercive control offence : a case study on overcriminalisation / Melissa Hamilton
Individualism in times of crisis : theorising a shift away from classic liberal attitudes to human rights post 9/11 / Ian Turner
Is the principle of legal certainty a human right? : the legitimacy of the retroactive application of laws / Jan Tryzna
Conclusion: the philosophy of legal change as a research method / Michal Rupniewski.
Standards of law-making as the parts of normative space in the post-modern democratic states : the question of justification and legitimacy of law / Tadeusz Biernat
Public reason, background culture, and the justification of legal change / Michal Rupniewski
The moral, the political, and the legal : changing patterns of justification in a world of legal pluralization / Eva Weiler
Human rights : desiderata of a theory of change / Stephen Riley
Legal "determinism" or/and legal "creationism"? : conservative-communitarian versus contractarian approaches to legal change / Maciej Chmielinski
Natural law ethics and the issue of legal change / Michal Rupniewski
Natural law against natural rights in the thought of Alasdair Macintyre / Kamil Aksiuto
Kant's conception of legal change / Eduardo Charpenel
Economism, voluntarism, and materialist historicism : three faces of the Marxist instrumental approach to legal change / Maciej Chmielinski
Petrifying, disregarding or reforming customs : can customary law be changed in a liberal way? / Marc Goetzmann
The "codification moment" : an attempt to define factors of effective law reform illustrated with the example of the Swiss Civil Code of 10 December 1907 / Maria Lewandowicz
Exogenous institutional change as coercion and the ideological neutrality litmus : the case of Polish communism / J. Patrick Higgins
The coercive control offence : a case study on overcriminalisation / Melissa Hamilton
Individualism in times of crisis : theorising a shift away from classic liberal attitudes to human rights post 9/11 / Ian Turner
Is the principle of legal certainty a human right? : the legitimacy of the retroactive application of laws / Jan Tryzna
Conclusion: the philosophy of legal change as a research method / Michal Rupniewski.
Summary
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law's amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Source of Description
OCLC-licensed vendor bibliographic record.
Location
www
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9780429504709 (electronic book)
0429504705 (electronic book)
9780429997693 (electronic book : EPUB)
0429997698 (electronic book : EPUB)
9780429997709 (electronic book : PDF)
0429997701 (electronic book : PDF)
9780429997686 (electronic book : Mobipocket)
042999768X (electronic book : Mobipocket)
9781138586284
1138586285
0429504705 (electronic book)
9780429997693 (electronic book : EPUB)
0429997698 (electronic book : EPUB)
9780429997709 (electronic book : PDF)
0429997701 (electronic book : PDF)
9780429997686 (electronic book : Mobipocket)
042999768X (electronic book : Mobipocket)
9781138586284
1138586285
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