法　学 — 全 下位分類

This book examines one of the most contested questions in contemporary bioethics: should religion be permitted a seat at the table of bioethics? To address this question, it brings secular and religious bioethicists into structured confrontation across core topics including abortion, conscientious objection, medically assisted dying, circumcision, and human enhancement. Contributors present contrasting arguments, enabling systematic comparison of their underlying assumptions, methods, and normative commitments. Structured to facilitate critical engagement rather than synthesis, the volume critically examines the claimed epistemic authority and public legitimacy of religious reasoning in bioethics, and the conditions under which such perspectives may - or may not - meet the standards of public reason, inclusivity, and rational justification. The book will interest bioethicists, philosophers, theologians, clinicians, and policymakers concerned with the limits of moral authority in medicine and biomedical science.

Chapter "Should religion be permitted a seat at the table of bioethics? The case of abortion" is available open access under a Creative CommonsAttribution-NonCommercial-NoDerivatives 4.0 International License via link.springer.com.

What happens when a nation founded on multicultural ideals begins to see cultural difference as a problem to be managed, rather than a value to be celebrated? This book challenges the core assumptions of Canada’s multiculturalism policy and its reliance on “reasonable accommodation.”

Instead of fostering genuine inclusion, these frameworks often reinforce the dominance of the majority culture, positioning minority groups as outsiders who must conform, adapt, or be merely tolerated.

Drawing on feminist constitutionalism, intersectionality, and critical race theory, the author exposes how these dynamics most acutely impact those at the intersections of multiple forms of marginalization ? especially Muslim women. The book powerfully critiques how feminist ideals are sometimes appropriated by populist narratives to justify Islamophobic and anti-immigration policies, all while claiming to defend liberal values.

Through incisive analysis of landmark legal cases, this book reveals how the legal system can perpetuate structural inequalities under the guise of neutrality and reasonableness. Essential reading for anyone interested in social justice, law, or Canadian society, this book invites readers to rethink what true multiculturalism means ? and what is at stake when it is reduced to a tool for managing, rather than embracing, diversity.

This book advances a bold phenomenological foundation for animal legal personhood. Drawing on Merleau-Ponty, care ethics, ethology, Indigenous studies, and critical human-animal scholarship, Aubert develops a post-anthropocentric account of animals as embodied, intentional, communicative, and vulnerable agents. The book challenges dominant cognitive and anthropocentric criteria for inclusion in moral and legal communities, proposing instead an ethics grounded in attentiveness, relationality, and embodied communication. Through vivid multispecies encounters, Aubert identifies animals' fundamental interests and preference-based agency, advancing a framework for translating their standpoints into legal institutions. Interweaving analytic clarity with personal reflection, this interdisciplinary study reimagines animal rights, legal subjecthood, and ecological care for the Anthropocene, offering an innovative path forward for law, ethics, and environmental humanities.

This book examines one of the most pressing governance challenges facing the WTO: its growing difficulty in producing timely, effective and collectively acceptable decisions. While the WTO remains formally committed to consensus-based decision-making, this foundational principle has increasingly generated what the book conceptualizes as an “efficiency deficit”?a widening gap between Members’ expectations of institutional delivery and the Organization’s actual decision-making capacity.

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Rather than attributing this paralysis to the heterogeneity of its membership or to individual Members’ exercise of “de facto veto power”, the book identifies both internal and external drivers of institutional strain. It shows how negotiation processes, institutional design and Member interactions collectively shape decision-making outcomes, contributing to persistent deadlock across key negotiating areas.

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The book further argues that overcoming these constraints does not require abandoning consensus, but rebuilding the conditions under which it can function effectively. Central to this effort is the reconstruction of cooperative culture, sustained by trust, sequencing strategies and a member-driven approach that enables incremental progress. It also highlights the enabling role of institutional actors?such as the Secretariat, the Director-General and negotiation chairs?in facilitating dialogue, structuring negotiations and fostering convergence. Through this integrated framework, the book offers a pathway for restoring functionality to WTO decision-making while preserving its core principles of inclusiveness and legitimacy.

This book presents an English translation of King Alfonso X of Castile?Leon’s municipal law code, a companion to his monumental Siete Partidas.

Known as El Rey Sabio (“the Learned King”), Alfonso X (1252?1284) was one of the most influential legislators of medieval Europe. While the Siete Partidas codified the laws of the entire realm, the Fuero real ? intended for the towns of Castile and Extremadura ? sought to replace diverse local customs with a unified legal framework. Comprising four books, it addresses the Catholic faith and the rights of the Church; the king and his authority; laws and the administration of justice; marriage and inheritance; buying and selling; heretics; Jews; and criminal acts.

Medieval history professor Joseph F. O’Callaghan’s translation, based on Gonzalo Martinez Diez’s critical edition, offers scholars and students alike a vital resource for understanding the social, religious, and political dimensions of thirteenth-century Spain. By making this key text accessible in English, The Fuero Real broadens our view of medieval municipal law and deepens appreciation of Alfonso’s lasting legal legacy in Spain and beyond.

This book examines how law and regulation respond to digital transformation in South and Southeast Asia, with particular attention to Vietnam, Thailand, Indonesia, and India. Across these jurisdictions, digital transformation is widely promoted as a pathway to economic growth, social inclusion, and the achievement of the Sustainable Development Goals (SDGs). Yet the same process also produces new regulatory tensions: between innovation and control, market expansion and public accountability, technological adoption and local institutional capacity.
Bringing together country studies and sector-based analyses, the book investigates how legal systems in the region are adapting to the rise of digital platforms, data-driven markets, financial technologies, artificial intelligence, and new forms of online governance. It pays close attention to the gap between law-on-the-books and law-in-practice, showing how formal legal reforms are shaped by local political economies, administrative practices, business interests, and social conditions. Rather than treating digital regulation as a matter of transplanting global best practices, the book asks how regulatory ideas travel, how they are adapted, and where they encounter resistance in specific national contexts.
Edited and written by scholars and practitioners with regional expertise, the volume offers an empirically grounded account of digital transformation and legal change in technology-rich but institutionally diverse Asian societies. It will be of interest to researchers, students, legal professionals, policymakers, investors, development agencies, and international partners seeking to understand the regulatory landscape, economic potential, and governance challenges of digital transformation in South and Southeast Asia.

This book explores the concept of good citizenship, discussing how it can be nurtured?and its implications for civics education, constitutional structures, and political?leadership.

Pointing to concerns about a crisis of democracy, characterized by declining?citizen engagement and confidence in political processes, the book begins by defining?“good citizenship.” It traces the evolution of the concept from ancient times to the present,?highlighting the values that underpin good citizenship in a society based on the value?of human dignity.

The book then examines how voter disengagement is linked to?shortcomings in civics education, particularly the failure to teach students not only the?mechanics of a country’s constitution but also the values underlying it.?

It discusses the role of constitutional design in fostering good citizenship, arguing that shortcomings in?a constitution, such as an electoral system that does not accurately reflect votes in?seats, the failure to protect human rights and inadequate mechanisms to ensure?executive accountability, erode citizens’ trust in the political system.

The book then addresses how political leadership that prioritizes emotional appeals over reason and partisan interests over the public good contributes to voter disengagement and a?loss of confidence in the political system.

By adopting a comparative approach and drawing on examples from various jurisdictions, the book offers valuable insights and?practical guidance for enhancing good citizenship. This comparative analysis not only?broadens the book’s appeal but also enhances its marketability, making it a significant?resource for understanding and improving democratic engagement.

Territory and constitutional order lie at the heart of some of the most pressing challenges facing Europe today. Shaped by historical legacies, diverse identities and the ongoing process of European integration, territorial governance continues to test the resilience of constitutional systems.
This volume explores these dynamics through a comparative constitutional perspective, combining theoretical insights with a rich set of case studies. It originates from the Sapienza University Research Project “Territory, Borders and Institutions: Between Secession and Centrifugal Dynamics”, initiated by Professor Beniamino Caravita, whose vision has inspired the research underlying this work.
At its core, the book examines the tension between territorial asymmetries and secession. Mechanisms such as regionalism, differentiated autonomy and federalism can accommodate diversity within a single constitutional framework, as seen in countries like Spain, Italy and Belgium. Yet these same arrangements may also generate political tensions and perceptions of inequality. Secessionist movements represent a more radical challenge, raising fundamental questions about the balance between self-determination and territorial integrity, as illustrated by developments in Scotland, Catalonia and Flanders.
Bringing together theoretical analysis and comparative case studies from across Europe, the volume highlights how territorial claims shape constitutional change at both national and supranational levels.
A timely and insightful contribution, this book offers essential perspectives for understanding the evolving landscape of territorial governance in Europe. This is an open access book.?

This book provides a timely and in-depth examination of end-of-life care in Malaysia, focusing on the ethical and legal dimensions that underpin one of the most sensitive areas of modern medical practice. As medical technology advances and the use of life-sustaining treatments become more widespread, the boundaries between life and death grow increasingly complex ? raising profound questions about how such decisions should be made and regulated. In Malaysia, end-of-life care remains a sensitive area of public discourse, as the nation faces the realities of an aging population in transition. This book explores the ethical tensions that arise when determining the appropriate course of care at the final stages of life, especially when balancing professional judgment, religious values, and the wishes of patients and families. It also critically examines the current legal landscape, highlighting the absence of a dedicated statutory framework to govern end-of-life decisions and the resulting implications for medical practitioners and patients alike. The discussion on patients’ rights brings to light the need for clear legal recognition of the right to refuse treatment, the validity of advance medical directives, and the importance of shared decision-making in end-of-life scenarios. Structured around five key chapters, and drawing on Malaysian law and comparative common law perspectives, the book presents a comprehensive and contextualised analysis of the challenges at hand. It concludes with recommendations aimed at guiding the development of a coherent, culturally sensitive, and ethically sound regulatory framework for end-of-life care in Malaysia. This book is essential reading for legal professionals, healthcare providers, policymakers, bioethicists, and scholars interested in medical law and ethics in the Malaysian context.

Accompanying the translations is an extensive introductory essay that analyses the juridical significance of Soto’s reflections on rights, poverty, and property. Among other matters, the introductory essay elucidates Soto’s notion of the right to beg, as well as the different ways to conceptualize the relationship between extreme necessity and private property. Throughout, Soto’s views are presented in the light of other scholastic thinkers from whom he drew, or with whom he disagreed, or who explicated his ideas. The essay also notes connections to the thought of the great Dutch jurist of the next century, Hugo Grotius.

Legal theorist and classicist Ernest Weinrib brings together the disciplines to illuminate Soto’s role in the intellectual history of poverty and of its relation to private property.

This book studies the "disciplinary divides" between law and political science, including conceptual, methodological, and normative differences in how each field approaches policy, institutions, and legal phenomena.
Disciplinary Divides in the Study of Law and Politics critically analyses these fault lines and proposes strategies to bridge them. The chapters identify key gaps, disagreements, and challenges in the study of law and politics through fresh empirical analyses, including studies of rights (such as Charter and Indigenous rights) and of institutional actors and processes ? courts, legislatures, executives, expert witnesses, judicial selection, constitutional amendment, and government lawyers. The volume addresses a wide range of legal domains, including constitutional, administrative, immigration and refugee, federalism, and electoral law, while also highlighting areas where deeper interdisciplinary engagement is needed. Several chapters contribute to theoretical development, and many adopt a forward-looking perspective, identifying urgent research questions and setting future research agendas. Collectively, the contributions demonstrate how greater interdisciplinary collaboration can enhance our understanding of law’s relationship to power, public policy, and society.

This book brings together contributions from leading international lawyers from different generations, countries, and substantive areas of specialization?from public international law generalists to regional experts?, reflecting on topics currently shaping the future of international law towards which Antonio Augusto Cancado Trindade made an enduring contribution.

A generalist, Cancado Trindade is arguably the highest exponent of public international lawyer to emerge so far from Latin America. A seating judge at the International Court of Justice (ICJ) at the time of his passing, he was a Member of the Curatorium of the Hague Academy of International Law (since 2004) and a Member of the prestigious Institute of International Law (since 1997). He was a judge at the Inter-American Court of Human Rights for many years, and its president (elected 1999, re-elected 2002). During that time he contributed to some of the most important jurisprudence delivered by the Inter-American Court, which became clearly influential in the development of international law as we know it today.

While at the ICJ, Cancado Trindade was what Justice Bader Ginsburg was to the US Supreme Court: “the Great Dissenter”. He wrote for future generations of international law scholars and his Dissenting Opinions aspired to one day become the dominant view. He delivered the General Course on Public International Law at the Hague Academy of International Law in 2005, International Law for Humankind: Towards a New Jus Gentium. His critical thinking has made an important contribution to the field of international law and inspired new generations of international law practitioners and scholars.

This book will be an important reference for practitioners, academics, researchers, university students and international law specialists working in international courts and tribunals with issues of international justice.

Monica Feria-Tinta is a barrister at Twenty Essex in London, United Kingdom.

Rewriting the Canadian Constitution imagines how Canada’s Constitution could be rethought and reshaped through amendment. Assuming that broad constitutional change is possible, this volume brings together leading scholars from law, political science, and philosophy to examine four key areas of reform: the federal-provincial division of powers, democratic institutions, the unwritten constitution, and the rules of amendment themselves.

The resulting contributions are rigorous, creative, and critical. They develop innovative models of shared jurisdiction, propose ways to strengthen democratic accountability, assess deficits in representation and participation ? particularly for Indigenous peoples, evaluate reforms of existing procedures, and much more.
Taken together, the collection advances a form of constitutional possibilism: a commitment to imagining what Canada’s Constitution could become. Reflecting a diverse set of methodological, theoretical, and disciplinary perspectives, the essays highlight gaps and tensions in Canada’s current constitutional framework while offering concrete, hopeful visions for reform.

Rewriting the Canadian Constitution will engage students, scholars, lawyers, judges, advocates, and policymakers alike. It is essential reading for anyone interested in the past, present, or future of the Canadian Constitution.

This open access volume provides a comprehensive account of the role of legal interpretation in shaping the development of law, legal reasoning, and institutional and constitutional practice. Drawing on contributions from constitutional law, criminal law, civil liability, consumer protection, EU law and digital regulation, it highlights interpretation as a key mechanism through which coherence, adaptability and fairness are maintained within legal systems.
Legal interpretation mediates the translation of abstract principles into concrete outcomes, supports the protection of rights and freedoms, and enables the integration of new social and technological realities into existing legal frameworks. The contributions address a range of topics, including religious freedom, government liability, undue influence in liberalities and the evolving concept of family, illustrating how interpretative approaches can influence the scope and effectiveness of fundamental rights.
Several chapters examine the constitutional dimension, focusing on the Romanian Constitutional Court’s use of the rule of law principle, the liability of government members and the impact of the EU Charter of Fundamental Rights on domestic legal systems. Other contributions engage with criminal law, including analogy in malam partem, teleological reasoning and the relationship between legal logic, aporia and structured openness. Civil and commercial law developments are also considered through analyses of consumer contracts, tort law and SME regulation.
The volume further addresses contemporary challenges, including the impact of legal tech on litigation practices, the role of expert evidence and interpretative issues related to online advertising. Throughout, it shows how interpretation operates as a bridge between relatively stable legal texts and evolving social contexts.
Overall, the book demonstrates that legal interpretation is not merely a technical tool, but a central element of legal reasoning, institutional practice and democratic legitimacy. It will be of interest to scholars, practitioners and advanced students engaged with contemporary developments in law and its interaction with society and technology.

Care work is essential. And yet, Western capitalist societies are organised in a way as to neglect care work and make it invisible.

Building on feminist critiques of labour law, this book analyses how private care work has been socially constituted as the Other in relation to work on labour markets. By bringing labour law, with its collective structures, into conversation with individual anti-discrimination law, it develops a solidaristic form of labour law that includes unpaid care work.

It shows how the law can be used to challenge collective organisations' understandings of work in order to integrate and accommodate the Other of labour law.

This book explains the most significant cases and jurisprudence emerging from the thirty-two-year record of the judicial institutions highlighted in the book. It explains the principles of international law emerging from and being strengthened by the jurisprudence of tribunal judges. These include: the legal authority of the UN Security Council, the UN General Assembly, and regional organizations like the African Union and Council of Europe to create?ad hoc?or hybrid war crimes tribunals; greater precision and context in defining each category and listing of atrocity crimes, including the full range of genocide and torture and when either crime encompasses rape, the range of situations that constitute genocide and crimes against humanity, forced marriage as a crime against humanity, torture as a?jus cogens?principle, hate speech as persecution, and enslavement; elaborating modalities of individual criminal responsibility about command responsibility, aiding and abetting, and co-perpetration or joint criminal enterprise; developing new principles regulating non-international armed conflicts and the status of nonstate groups under international law; establishing clearer intent (mens rea) requirements for crimes against humanity and genocide; applying judicial notice to confirm the obvious reality that atrocity crimes on a massive scale occurred in a particular situation; establishing a broad range of human rights protections and the responsibility of states to ensure their enforcement.

This book tells the story of pathbreaking developments in select cases litigated before the International Court of Justice, five special purpose atrocity crimes tribunals, the International Criminal Court, and the European, Inter-American and African human rights courts, as well as what to anticipate with the newly created Special Tribunal for the Crime of Aggression against Ukraine. There also is a chapter on the important role of defense counsel before these courts and tribunals.