Browse results

You are looking at 1 - 3 of 3 items for :

  • Legal Philosophy x
  • Just Published x
  • Primary Language: English x
Clear All
Author: Mikhail Antonov
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Smart Technologies and Fundamental Rights covers a broad range of vital topics that highlight the ethical, socio-political, and legal challenges as well as technical issues of Artificial Intelligence with respect to fundamental rights. Either humanity will greatly profit from the use of AI in almost all domains in human life, which may eventually lead to a much better and more humane society, or it could be the case that people may misuse AI for idiosyncratic purposes and intelligent machines may turn against human beings. Therefore, we should be extremely cautious with respect to the technological development of AI because we might not be able to control the machines once they reached a certain level of sophistication.
Towards the Reconstruction of a Materialist Theory of Law
Author: Sonja Buckel
On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today.

To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories – above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.