Philosophies Of Polar Law
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| Author | : Dawid Bunikowski |
| Publisher | : Routledge |
| Total Pages | : 159 |
| Release | : 2020-06-08 |
| Genre | : Law |
| ISBN | : 0429865821 |
Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal–philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty – whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.
| Author | : Karen N. Scott |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 512 |
| Release | : 2020-12-25 |
| Genre | : Law |
| ISBN | : 1788119592 |
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
| Author | : Linda Hajjar Leib |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 193 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9004188649 |
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
| Author | : Emer de Vattel |
| Publisher | : |
| Total Pages | : 668 |
| Release | : 1856 |
| Genre | : International law |
| ISBN | : |
| Author | : Robert W. Murray |
| Publisher | : Cambria Press |
| Total Pages | : 742 |
| Release | : 2014-06-26 |
| Genre | : Political Science |
| ISBN | : 1604978767 |
Increased global interest in the Arctic poses challenges to contemporary international relations and many questions surround exactly why and how Arctic countries are asserting their influence and claims over their northern reaches and why and how non-Arctic states are turning their attention to the region. Despite the inescapable reality in the growth of interest in the Arctic, relatively little analysis on the international relations aspects of such interest has been done. Traditionally, international relations studies are focused on particular aspects of Arctic relations, but to date there has been no comprehensive effort to explain the region as a whole. Literature on Arctic politics is mostly dedicated to issues such as development, the environment and climate change, or indigenous populations. International relations, traditionally interested in national and international security, has been mostly silent in its engagement with Arctic politics. Essential concepts such as security, sovereignty, institutions, and norms are all key aspects of what is transpiring in the Arctic, and deserve to be explained in order to better comprehend exactly why the Arctic is of such interest. The sheer number of states and organizations currently involved in Arctic international relations make the region a prime case study for scholars, policymakers and interested observers. In this first systematic study of Arctic international relations, Robert W. Murray and Anita Dey Nuttall have brought together a group of the world's leading experts in Arctic affairs to demonstrate the multifaceted and essential nature of circumpolar politics. This book is core reading for political scientists, historians, anthropologists, geographers and any other observer interested in the politics of the Arctic region.
| Author | : Nimer Sultany |
| Publisher | : Oxford University Press |
| Total Pages | : 417 |
| Release | : 2017 |
| Genre | : History |
| ISBN | : 0198768893 |
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
| Author | : James M. Donovan |
| Publisher | : Berghahn Books |
| Total Pages | : 252 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781571814234 |
Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the 'culture defense' against criminal charges."--Jacket.
| Author | : Nordic Council of Ministers |
| Publisher | : Nordic Council of Ministers |
| Total Pages | : 304 |
| Release | : 2013-05-27 |
| Genre | : Science |
| ISBN | : 928932550X |
This textbook represents the outcome of a cooperative process between an international group of well-known experts in the area of Polar law and related studies. Polar Law Textbook II further draws upon Polar law as an evolving and developing field of studies which is gaining increasing recognition and intersects with many other areas in the social sciences and humanities. It explores a variety of legal issues in the Arctic and Antarctica (i.e., questions of human rights law, environmental law, law of the sea, continental shelf, climate change, energy law, resources, indigenous peoples' rights, etc.,) but also covers the relevant aspects of geopolitics, security, governance, search and rescue, biodiversity, devolution, institutions (e.g., the Arctic Council) and political developments.
| Author | : Wouter Kusters |
| Publisher | : MIT Press |
| Total Pages | : 769 |
| Release | : 2020-12-01 |
| Genre | : Philosophy |
| ISBN | : 0262044285 |
The philosophy of psychosis and the psychosis of philosophy: a philosopher draws on his experience of madness. In this book, philosopher and linguist Wouter Kusters examines the philosophy of psychosis—and the psychosis of philosophy. By analyzing the experience of psychosis in philosophical terms, Kusters not only emancipates the experience of the psychotic from medical classification, he also emancipates the philosopher from the narrowness of textbooks and academia, allowing philosophers to engage in real-life praxis, philosophy in vivo. Philosophy and madness—Kusters's preferred, non-medicalized term—coexist, one mirroring the other. Kusters draws on his own experience of madness—two episodes of psychosis, twenty years apart—as well as other first-person narratives of psychosis. Speculating about the maddening effect of certain words and thought, he argues, and demonstrates, that the steady flow of philosophical deliberation may sweep one into a full-blown acute psychotic episode. Indeed, a certain kind of philosophizing may result in confusion, paradoxes, unworldly insights, and circular frozenness reminiscent of madness. Psychosis presents itself to the psychotic as an inescapable truth and reality. Kusters evokes the mad person's philosophical or existential amazement at reality, thinking, time, and space, drawing on classic autobiographical accounts of psychoses by Antonin Artaud, Daniel Schreber, and others, as well as the work of phenomenological psychiatrists and psychologists and such phenomenologists as Edmund Husserl and Maurice Merleau-Ponty. He considers the philosophical mystic and the mystical philosopher, tracing the mad undercurrent in the Husserlian philosophy of time; visits the cloud castles of mystical madness, encountering LSD devotees, philosophers, theologians, and nihilists; and, falling to earth, finds anxiety, emptiness, delusions, and hallucinations. Madness and philosophy proceed and converge toward a single vanishing point.
| Author | : Aharon Barak |
| Publisher | : Princeton University Press |
| Total Pages | : 444 |
| Release | : 2011-10-16 |
| Genre | : Law |
| ISBN | : 1400841267 |
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
