Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessaryconnections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address thenature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law.The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there areperspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correctanswer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically linksclassical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
Aus dem Inhalt: > I. Plenarvotrage: R. Alexy: Eine diskurstheoretische Konzeption der praktischen Vernunft u O. Weinberger: Der Streit um die praktische Vernunft u II. Offentlicher Vortrag: M. Kriele: Zur Universalitat der Menschenrechte u III. Arbeitsgruppenreferate: J. M. Adeodato: Practical Regularities in Underdeveloped Countries u J. L. Bazan / R. Madrid: Racionalidad y Razonabilidad en el Derecho u V. Black: Putting Power in its Place u J. de Sousa e Brito: Praktische Vernunft und Utilitarismus u A. G. Conte: Deontisch vs. anankastisch u W. Eichhorn: Uber eine verfehlte und doch unverzichtbare Idee der praktischen Vernunft u U. Fazis: Theorie und Ideologie der Postmoderne u F. Galindo: La Teoriaa de los Sistemas Sociales como Teoriaa de la Practica Juriadica u G. den Hartogh: Authority and the Balance of Reasons u V. Held. Feminist Morality and the Role of Law u F. Jacobs: Das Paradigma der praktischen Unvernunft u H. Kaptein: The Morals of Post-Modern Human Rights u J. Llompart: Die praktische Vernunft praktisch betrachtet: die Argumentation mit der Menschenwurde u C. W. Maris: Horror Vacui and the Problems of Modern Legal Philsophy u R. Martin: On G. H. von Wright's Theory of Practical Inference u K. A. Papageorgiou: Kant, ein Rechtsmoralist? Ein Blick auf seine angewandte Ethik u u.a. (Franz Steiner 1993)
This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
A “magnificent and intimate” (Harper’s) modern classic of Russian history, the spellbinding story of the love that ended an empire—from the Pulitzer Prize–winning author of Peter the Great, The Romanovs, and Catherine the Great “A moving, rich book . . . [This] revealing, densely documented account of the last Romanovs focuses not on the great events . . . but on the royal family and their evil nemesis. . . . The tale is so bizarre, no melodrama is equal to it.”—Newsweek In this commanding book, New York Times bestselling author Robert K. Massie sweeps readers back to the extraordinary world of the Russian empire to tell the story of the Romanovs’ lives: Nicholas’s political naïveté, Alexandra’s obsession with the corrupt mystic Rasputin, and little Alexis’s brave struggle with hemophilia. Against a lavish backdrop of luxury and intrigue, Massie unfolds a powerful drama of passion and history—the story of a doomed empire and the death-marked royals who watched it crumble.
In this commanding book, Robert K Massie sweeps readers back to the extraordinary world of imperial Russia to tell the story of the Romanovs. Nicholas's political naivete, Alexandra's obsession with the corrupt mystic Rasputin, and little Alexis's brave struggle with haemophilia. Against a lavish backdrop of luxury and intrigue, Massie unfolds a powerful drama of passion and history – the story of a doomed empire and the death-marked royals who watched it crumble.
Against a monumental backdrop of fabulous splendour, intrigue and barbaric cruelty, unfolds a powerful drama of passion and history. This is the story of the Romanovs, from the Tsar who brought Russia from darkness into light, to one of the greatest female rulers in history, and ultimately to the death-marked royals who watched their empire crumble. PETER THE GREAT: Crowned at the age of 10, Peter embodied the greatest strengths and weaknesses of Russia while being at the very forefront of her development. CATHERINE THE GREAT: In 1762, Catherine rode out of St Petersburg at the head of an army to arrest her husband. Three months later, at the age of just 33, she became sole empress of the largest empire on earth. NICHOLAS AND ALEXANDRA: The story of Nicholas's political naivete, Alexandra's obsession with the corrupt mystic Rasputin, and little Alexis's brave struggle with haemophilia.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.
The new and revised 6th edition of this comprehensive book explores the concept of Strategy Design as an innovative approach to Strategic Management. After an overview of the framework conditions under which strategies and business models are developed today, the authors describe in detail the approach and the ongoing process of Strategy Design Innovation. The focus is on the Strategy Design Toolbox, which covers the necessary instruments for analysis and forecasting, strategy formulation, realization, and control. Divided into seven perspectives, the toolbox provides relevant questions that need to be answered. Many examples and real-life applications give inspiration and generate a fundamental understanding. Strategy Design Innovation is a modern and market-driven book with a variety of tools, case studies, templates, and practical online resources. It is developed for the challenges of managers, strategists, entrepreneurs, business developers and students with the need for creating a strategic mindset and strategic capabilities.
Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
Thought-provoking and accessible in approach, this book offers a classic introduction to European law. Taking a clear structural framework, it guides the student through the subject's core elements from its creation and enforcement to the workings of the internal market. A flowing writing style combines with the use of illustrations and diagrams throughout the text to ensure the student understands even the most complex of concepts. This succinct and enlightening overview is required reading for all students of European law.
A biodiscography updating two award-winning books about the big band-leading Dorsey Brothers by Robert L. Stockdale. Included are additions, corrections and deletions to the author's bio-discographies "Tommy Dorsey: On The Side" and "Jimmy Dorsey: A Study in Contrasts". Each entry is cross-referenced by page to either or both volumes.
For the first time, a military expert on both Russia and insurgency offers the definitive guide on activities in Southern Russia, explaining why the Russian approach to counter terrorism is failing and why terrorist and insurgent attacks in Russia have sharply increased over the past three years. The Insurgency in Chechnya and the North Caucasus: From Gazavat to Jihad is an comprehensive treatment of this 300 year-old conflict. Thematically organized, it cuts through the rhetoric to provide a contextual framework with which readers can truly understand the "why" and "how" of one of the world's longest-running contemporary insurgencies, despite Russia's best efforts to eradicate it. A fascinating case study of a counterinsurgency campaign that is in direct contravention of U.S. and Western strategy, the book also examines the differences and linkages between insurgency and terrorism; the origins of conflict in the North Caucasus; and the influences of different strains of Islam, of al-Qaida, and of the War on Terror. A critical examination of never-before-revealed Russian counterinsurgency (COIN) campaigns explains why those campaigns have consistently failed and why the region has seen such an upswing in violence since the conflict was officially declared "over" less than two years ago.
The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
This realistic New York Times–bestselling epic spy novel captures the thrilling story of CIA agents in the latter half of the Twentieth Century. The New York Times bestselling spy novel The Company lays bare the history and inner workings of the CIA. This critically acclaimed blockbuster from internationally renowned novelist Robert Littell seamlessly weaves together history and fiction to create a multigenerational, wickedly nostalgic saga of the CIA—known as “the Company” to insiders. Racing across a landscape spanning the legendary Berlin Base of the ’50s, the Soviet invasion of Hungary, the Bay of Pigs, Afghanistan, and the Gorbachev putsch, The Company tells the thrilling story of agents imprisoned in double lives, fighting an amoral, elusive, formidable enemy—and each other—in an internecine battle within the Company itself. “Compulsive reading from start to finish.” —The Boston Globe “Hugely entertaining . . . A serious look at how our nation exercises power. . . . Popular fiction at its finest.” —The Washington Post Book World “As it happens, this longest spy novel ever written turns out to be one of the best.” —Chicago Tribune “Reads like a breeze . . . guaranteed to suck you right back into the Alice-in-Wonderland world of spy vs. spy.” —Newsweek “If Robert Littell didn’t invent the American spy novel, he should have.” —Tom Clancy “It's gung-ho, hard-drinking, table-turning fun.” —Publishers Weekly
This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.
Most astronomers and physicists now believe that the matter content of the Universe is dominated by dark matter: hypothetical particles which interact with normal matter primarily through the force of gravity. Though invisible to current direct detection methods, dark matter can explain a variety of astronomical observations. This book describes how this theory has developed over the past 75 years, and why it is now a central feature of extragalactic astronomy and cosmology. Current attempts to directly detect dark matter locally are discussed, together with the implications for particle physics. The author comments on the sociology of these developments, demonstrating how and why scientists work and interact. Modified Newtonian Dynamics (MOND), the leading alternative to this theory, is also presented. This fascinating overview will interest cosmologists, astronomers and particle physicists. Mathematics is kept to a minimum, so the book can be understood by non-specialists.
Using current examples and step-by-step behavioral models, the Seventh Edition of Leadership: Theory, Application, and Skill Development equips your students with the leadership skills they need to thrive in today′s business world.
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