法　学 — 全 下位分類

Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory.

The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.

Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments.

Key features include:

• a literary approach to viewing law
• exploration of the visual culture of the law
• engagement with the affective and performative practices of jurisliterature
• analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective.

This book addresses the ethical and practical issues at stake in the reconciliation of Indigenous and non-indigenous communities.

An increasing number of researchers, educators, and social and environmental activists are eager to find ways to effectively support ongoing attempts to recognize, integrate and promote Indigenous perspectives and communities. Taking Canada as its focus, this book offers a multidisciplinary consideration of a range of reconciliation policies, practices and initiatives that are relevant in all settler states. Set against its increasing neoliberal appropriation, the book resituates reconciliation in the everyday contexts of community interaction and engagement, as well as in the important areas of Indigenous knowledge, resource management and social and environmental justice. Reconciliation is not just the responsibility of law and government. And, attuned to the different perspectives of settlers, migrants and refugee communities, the book examines areas of opportunity, as well as obstacles to progress, in the forging of a truly decolonizing framework for reconciliation.

As the challenges of reconciliation cross numerous academic and substantial areas, this book will appeal to a range of scholars and practitioners working in law, politics, education, environmental studies, anthropology and Indigenous studies.

Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation - and resistance - as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North-South binary?

Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.

Justice apps - mobile and web-based programmes that can assist individuals with legal tasks - are being produced, improved, and accessed at an unprecedented rate. These technologies have the potential to reshape the justice system, improve access to justice, and demystify legal institutions. Using artificial intelligence techniques, apps can even facilitate the resolution of common legal disputes.

However, these opportunities must be assessed in light of the many challenges associated with app use in the justice sector. These include the digital divide and other accessibility issues; the ethical challenges raised by the dehumanisation of legal processes; and various privacy, security, and confidentiality risks.

Surveying the landscape of this emergent industry, this book explores the objectives, opportunities, and challenges presented by apps across all areas of the justice sector. Detailed consideration is also given to the use of justice apps in specific legal contexts, including the family law and criminal law sectors. The first book to engage with justice apps, this book will appeal to a wide range of legal scholars, students, practitioners, and policy-makers.

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world.

In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development.

This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

This book outlines a theory of communication and justice for the digital age, updating classic positions in political philosophy and ethics, and engaging thinkers from Aristotle through Immanuel Kant and the American pragmatists to John Rawls, Juergen Habermas, and Amartya Sen.

In communication seeking to define justice and call out injustice, there is such a thing as the last word. The chapters in this book trace the historical emergence of communication as a human right; specify the technological resources and institutional frameworks necessary for exercising that right; and address some of the challenges following from digitalization that currently confront citizens, national regulators, and international agencies. Among the issues covered are public access to information archives past and present; local and global networks of communication as sources of personal identities and imagined communities; the ongoing reconfiguration of the press as a fourth branch of governance; and privacy as a precondition for individuals and collectives to live their lives according to plans, and to make their own histories.

The book will be of interest to students and researchers in media and communication studies, cultural studies, political philosophy and ethics, and interdisciplinary fields examining the ethical and political implications of new information and communication infrastructures.

This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff.

Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn't convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required.

The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts.

The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

This book offers a new theory of federalism.

The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change.

Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.

This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed.

In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may 'own', where we may 'belong', or not, and how we may 'connect' through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection.

This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.

This book examines condominium, property, governance, and law in international and conceptual perspective and reveals this urban realm as complex and mutating.

Condominiums are proliferating the world over and transforming the socio-spatial organization of cities and residential life. The collection assembles arguably the most prominent scholars in the world currently working in this broad area and situated in multiple disciplines, including legal and socio-legal studies, political science, public administration, and sociology. Their analyses span condominium governance and law on five continents and in nine countries: the United States (US), China, Australia, the United Kingdom (UK), Canada, South Africa, Israel, Denmark, and Spain. Neglected issues and emerging trends related to condominium governance and law in cities from Tel Aviv to Chicago to Melbourne are discerned and analysed. The book pursues fresh empirical inquiries and cogent conceptual engagements regarding how condominiums are governed through law and other means. It includes accounts of a wide range of governance difficulties including chronic anti-social owner behaviour, short-term rentals, and even the COVID-19 pandemic, and how they are being dealt with. By uncovering crucial cross-national commonalities, the book reveals the global urban context of condominium governance and law as empirically rich and conceptually fruitful.

The book will appeal to researchers and students in socio-legal studies, law, sociology, political science, urban studies, and public administration as well as journalists, social activists, policymakers, and condo owners/board members.

Composed as a set of enquiries into the current state of sociology of law, expert contributions cover diverse themes such as inequality and discrimination, crime and punishment, and social justice. Reflecting on recent publications in law and society, socio-legal studies and interdisciplinary law research, the Research Handbook revisits the specific role of sociology of law, its disciplinary boundaries and its relationship to both legal and social sciences.

The comprehensive nature of the Research Handbook on the Sociology of Law will appeal to law and social justice practitioners and scholars, as well as students in legal and social science fields who are looking to understand current trends and future research in the discipline.