Methods, theory and philosophy of law Books

Book Synopsis''A gem of a book ... Inspiring and timely. Everyone should read it'' Independent''The Rule of Law'' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain''s former senior law lord, and one of the world''s most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the

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Book SynopsisIn this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives. Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.Trade ReviewAs an advocate Dworkin is tirelessly fluent and endlessly inventive... and this is a surprisingly fraternal book, open, busy, engaging and teeming with ideas. It will give many readers a great deal of pleasure and instruction. John Dunn Times Literary Supplement September 2002 Laws Empire stands out for intellectual deftness, elegance and surprisingness. Alan Ryan New Society September 2002 Laws Empire is a rich and multilayered work ... unusually accessible for a work dealing with abstract questions at such a high level. It is an ambitious book, and it does not disappoint the expectations appropriate to a major work by an important thinker. Thomas Nagel London Review of Books September 2002 Breaks new ground in a way that is both provocative and convincing. D.D. Raphael Times Higher Education Supplement September 2002

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Book SynopsisThe essays in this collection grew out of a series of invited lectures given in France on the nature of justice and the law. They represent a reflection on the relationship of the juridical and the philosophical concept of right, situated between moral philosophy and politics.

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Book SynopsisThe concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.Trade ReviewWith an admirable and elegant economy of expression - which compromises neither subtlety nor nuance - Ray Wacks has written in Philosophy of Law: A Very Short Introduction, a juristic gem that not only shines with clarity but sparkles with insight on topics as diverse as natural law, rights theory, utilitarianism, the sociology of the law, critical legal studies and law-and-economics. An indispensable introduction for the student of legal philosophy, as well as a sound and reliable guide for the seasoned scholar, Wacks' Philosophy of Law makes a knock-down case, concisely and capaciously, for the absolute centrality of jurisprudence to the study of law. * Professor William MacNeil, Griffith Law School *Table of ContentsIntroduction ; 1. Natural law ; 2. Legal positivism ; 3. Dworkin: the moral integrity of law ; 4. Rights and justice ; 5. Law and society ; 6. Critical legal theory ; 7. Understanding law: a very short epilogue ; References ; Further reading

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Book SynopsisAn original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.Trade Review‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’ -- Rebecca Parry, Nottingham Trent University, UK‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’ -- Irene Lynch Fannon, University College Cork, IrelandTable of ContentsContents: 1 Introduction: insolvency theory for a new age 1 Emilie Ghio, John M. Wood and Jennifer L. L. Gant PART I PHILOSOPHICAL CONSIDERATIONS AND INFLUENCES ON INSOLVENCY LAW 2 Insolvency law and morality 8 Paul Omar 3 The liberalisation of bankruptcy law 24 David Milman 4 Insolvency law and the legal feminist movement 40 Lézelle Jacobs 5 A Dworkinian approach to insolvency law 55 Catherine Brown and Colin Anderson 6 A Nietzchean approach to debt and human thought 72 John Tribe 7 A Rawlsian approach to preventive restructuring 96 Stathis Potamitis and Xenophon Paparrigopoulos PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW 8 Decision theory and insolvency law 116 John M. Wood 9 The competing goals theory and insolvency law 133 Jason Harris 10 Successor liability theory and insolvency law 153 Laura N. Coordes 11 Vulnerability theory and insolvency law 166 Jennifer L. L. Gant PART III AN OUTWARD-LOOKING STUDY OF INSOLVENCY LAW 12 Insolvency law through the lens of human rights theories 190 Eugenio Vaccari and Tara Van Ho 13 Insolvency law through the lens of company law theories 216 Jonathan Hardman 14 Insolvency law through the lens of a contract theory of restructuring 228 Stephan Madaus 15 Insolvency law through the lens of property law theories 244 Alisdair MacPherson 16 Insolvency law through the lens of psychology theories 262 Emilie Ghio 17 Concluding remarks: new ways to theorise about insolvency and rescue 281 Jennifer L. L. Gant, Emilie Ghio and John M. Wood Index 298

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Book SynopsisIn this highly topical introduction, Professor Raymond Wacks explains and evaluates the leading theories of justice that have shaped our societies and their legislative and judicial systems, and explores the extent to which fundamental notions like fairness, equality and freedom are reflected in contemporary society. By analysing some of the world’s most pressing challenges, including terrorism, corruption and migration, Justice: A Beginner’s Guide shows how these ideas are applied in practice – and how far we still have to go to achieve social justice.Trade Review‘The concept of justice is seldom given the attention it deserves in legal education. In part this is due to the large number of indigestible treatises on this subject that act as a deterrent to teachers and students. Raymond Wacks’ Beginner’s Guide seeks to remedy this by providing a clearly written and argued study of the principal debates and writers in the field. Although the emphasis is on the theory of justice, Wacks’ thoughtful illustrations of justice in practice ensures that the reader is made aware of the pivotal role played by the concept of justice in the ordering of society.’ -- John Dugard, Emeritus Professor of Law and former member of the UN International Law Commission"A wide-ranging and highly readable examination of key ideas in the evolution of thought on social justice." -- Albie Sachs – Former Justice of the Constitutional Court of South Africa

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Book SynopsisMany Americans fear the power of unelected, unaccountable bureaucrats—the “deep state.” Cass Sunstein and Adrian Vermeule seek to calm those fears by proposing a moral regime to ensure that government rulemakers behave transparently and don’t abuse their authority. The administrative state may be a Leviathan, but it can be a principled one.Trade ReviewThis short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *This short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *

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Book SynopsisThe reign of paper files would seem to be over once files are reduced to the status of icons on computer screens, but Vismann's book, which examines the impact of the file on Western institutions throughout history, shows how the creation of order in medieval and early modern administrations makes its returns in computer architecture.Trade Review"Cornelia Vismann's extraordinary Files . . . presents a methodology for addressing the relationship between media technologies and politics that is often absent, or at least shadowy, in materialist media theory of the Kittlerian style."—Seb Franklin, The Year's Work in Critical and Cultural Theory"Vismann's erudite and attentive analysis shows clear awareness of the danger of both a perfect order (where everything is registered, recorded) and that of a deconstruction possible turning into an order of its own kind with potentially its own para-juridical legend."—Thanos Zartaloudis, Parallax"Vismann's Files is a highly original and theoretical project that combines the thinking of Derrida (on law and its enforcement) and Foucault (on juridical discourse and 'gouvernmentalité') with specific motifs of German media theory as developed by Friedrich Kittler. The book is a state-of-the-art contribution to the analysis of culture that allows us to envision a truly new interrelation between historical research and a comprehensive philosophy of culture that is yet to come." —Rüdiger Campe, Yale UniversityTable of Contents@fmct:Contents @toc4:Translator's Note iii Preface: Off the Record iii @toc2:Chapter 1: Law's Writing Lessons 000 Chapter 2: From Translating to Legislating 000 Chapter 3: From Documents to Records 000 Chapter 4: Governmental Practices 000 Chapter 5: From the Bureau to Data Protection 000 Chapter 6: Files-Icons 000 @toc4:Notes 000 Index 000

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Trade Review'Joel Feinberg is a political and social philosopher of major importance ... Virtually everyone who has written about legal and moral responsibility during the past fifteen years owes him a considerable debt.' Harvard Law ReviewTable of ContentsGeneral Introduction: The Basic Question of the Book * The Concept of Moral Legitimacy * The Idea of a Liberty-Limiting Prinviple * Commonly Proposed Liberty-Limiting Principles * Liberalism * Methodology * Primary and Derrivative Crimes * Alternatives to the Criminal Law * Skepticism: VOLUME ONE: HARM TO OTHERS I Harms as Setbacks to Interest: Meaning of "Harm" * Welfare Interests and Ulterior Interests * Interests and Wants * Harms, Hurts, and Offenses * The Manner in which Acts and Other Events Affect Interests When They Do Harm * The Concept of an Interest Network * Legally Protectable Interests *: II Puzzling Cases: Moral Harm * Other-Regarding Interests and Vicarious Harms * Death and Posthumous Harms * Surviving Interests * The Proper Subject of Surviving Interests * Doomed Interest and the Dating of Harm * A Note on Posthumous Wrongs * Birth and Prenatal Harms *: III Harming as Wronging: The Verbal Forms: To Harm and to Wrong * Harming and Injuring * Moral Indefensibility * Harming as Right-Violating * Harm and Consent: the Volenti maxim * The Concept of a Victim * The "Casual Component" in Harming *: IV Failing to Prevent Harm: East Rescue and the Bad Samaritan * The Confusion of Active Aid with Gratuitous Benefit * Lord macauley's Line-Drawing Problem * Omissions an Other Inactions * Are Legal Duties to Rescue Undue Interference with Liberty? * The Moral Significance of Causation * The Consequences of Omissions * The Exclusion of Causally Irrelevant Necessary Conditions * Summary *: V Assessing and Comparing Harms: Mediating Maxims for the Application of the Harm Principle * The Magnitude of the Harm * The Probability of the Harm * Aggregative Harms * Statistical Discrimination and the Net Reductiom of Harm * The Relative Importance of the Harm * The Interest in Liberty on the Scales * Summary of Restrictions on the Harm Principle *: VI Fairly Imputing Harms: Comparative Interests * Harm to Public Interests * Accumulative Harms * Environmental Pollution as a Public Accumulative Harm * Imitative Harms * Summary of Additional Restrictions to the Harm Principle *: Notes * Index

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Book SynopsisFifty years on from its original publication, HLA Hart''s The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time.In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart''s project and highlighting central tensions and problems in the work.Table of ContentsIntroduction ; 1. Persistent Questions ; 2. Laws, Commands, and Orders ; 3. The Variety of Laws ; 4. Sovereign and Subject ; 5. Law as the Union of Primary and Secondary Rules ; 6. The Foundations of a Legal System ; 7. Formalism and Rule-Scepticism ; 8. Justice and Morality ; 9. Laws and Morals ; 10. International Law ; Postscript

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Book SynopsisIn Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that thTrade Review"This superb book, written by one of the world's foremost philosophers of law, is a highly welcome addition to the jurisprudential literature, one marked by its immense pedagogical value and scholarly excellence. It provides, in clear, accessible language, an informed, sympathetic treatment of all the main issues and theories within the discipline of contemporary analytic legal philosophy. Not only will it be of immense value to the student first encountering the field, it will equally engage the interest of the seasoned scholar and advanced student keen to know Marmor's own, distinctive take on these important matters. A remarkable achievement."—W. J. Waluchow, author of A Common Law Theory of Judicial Review"This is an excellent book. The quality of argumentation is first-class, and readers will gain significant benefits from Marmor's careful, well-argued, and thorough analysis."—Brian Bix, University of MinnesotaTable of ContentsIntroduction 1 Chapter One: A Pure Theory of Law? 12 Chapter Two: Social Rules at the Foundations of Law 35 Chapter Three: Authority, Conventions, and the Normativity of Law 60 Chapter Four: Is Law Determined by Morality? 84 Chapter Five: Is Legal Philosophy Normative? 109 Chapter Six: The Language of Law 136 Bibliography 161 Index 167

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Book SynopsisThe Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law.Trade Review"Mark Murphy is the most interesting and original natural law theorist of his generation, and this wide-ranging, learned, and lucid introduction to legal philosophy will be the text of choice for any student or philosopher who wants a philosophically sophisticated survey of the major topics that, at the same time, makes clear the continuing attraction of the natural law tradition." Brian Leiter, University of Texas at Austin "Murphy executes a masterly and enlightening challenge to fashionable claims that ‘all is not well’ with the law and its philosophy. Fully accessible to general audiences, his book will also inform and engage the specialist reader." William A. Edmundson, Georgia State University "Philosophy of Law itself is a well designed book on several levels ... Murphy hooks you from the start." Stuart Hannabuss, Aberdeen Buisness School, Robert Gordon University “A concise, well balanced, and articulate discussion. The author has the capacity to present complex material with ease to its audience… A highly captivating interpretation of the philosophy of law” Internet Law Book ReviewsTable of ContentsAcknowledgments. Introduction. 0.1 Philosophy, the Familiar, and the Unfamiliar. 0.2 What Are Our Commonplaces About Law?. 0.3 The Course of Our Inquiry. For Further Reading. Chapter 1: Analytical Fundamentals: The Concept of Law. 1.1 The Question, and its Importance. 1.2 Basic Austinianism. 1.3 Positivist Lessons. 1.4 Hartian Positivism. 1.5 Interlude: Hard and Soft Positivisms. 1.6 Natural Law Theory. 1.7 Fuller’s Procedural Natural Law Theory. 1.8 Aquinas’s Substantive Natural Law Theory. 1.9 A Suggested Resolution. Appendix: Why is it Called “Natural Law Theory”?. For Further Reading. Chapter 2: Normative Fundamentals: The Basic Roles of Paradigmatic Legal Systems. 2.1 What are the Basic Roles of Paradigmatic Legal Systems?. 2.2 The Role of Subject. 2.3 The Role of Legislator. 2.4 The Role of Judge. For Further Reading. Chapter 3: The Aims of Law. 3.1 The Aims of Law and the Common Good. 3.2 The Harm-to-others Principle. 3.3 Challenges to the Harm-to-others Principle: Types of Harm. 3.4 Challenges to the Harm-to-others Principle: The Party Armed. 3.5 Morals Legislation. For Further Reading. 4 The Nature and Aims of the Criminal Law. 4.1 Types of Legal Norms. 4.2 Crime and Punishment. 4.3 Two Normative Theories of Punishment. 4.4 Justification and Excuse. For Further Reading. 5 The Nature and Aims of Tort Law. 5.1 Torts and Crimes. 5.2 Torts and Damages. 5.3 Economic and Justice Accounts of Negligence Torts. 5.4 Elements of the Negligence Tort. 5.5 Damages. 5.6 Intentional Torts and Torts of Strict Liability. For Further Reading. 6 Challenging the Law. 6.1 Putting Legal Roles to the Question. 6.2 Against the Role of Subject: Philosophical Anarchism. 6.3 Against the Role of Legislator: Marxism / Feminist Legal Theory / Critical Race Theory. 6.4 Against the Role of Judge: American Legal Realism / Critical Legal studies. For Further Reading. Index.

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Book SynopsisThe Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart''s rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

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Book SynopsisKames presents a history of law as a history of the progress of humankind from savage to civil society.

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Book SynopsisFritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction.This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good.Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.

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Book SynopsisThis book argues that classical natural law jurisprudence provides a superior answer to the questions What is law? and How should law be made? rather than those provided by legal positivism and new natural law theories.What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the new natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significTrade Review“The book is nothing short of a masterpiece. It is truly a tour de force that articulates and defends the classical understanding of natural law against detractors (and reformers) of both yesteryear and today. With this book, Brian McCall has established himself as, arguably, the leading natural law luminary in American legal academia.” —Ronald J. Colombo, Maurice A. Deane School of Law at Hofstra University“The Architecture of Law makes a masterful contribution to constructive jurisprudence in the best tradition of the ongoing encounter between reason and Christian faith. Erudite yet unpretentious, insightful yet careful, McCall’s account of human lawmaking starts at the beginning, where one should indeed start, and then gradually shows the reader exactly why law is correctly defined, pace most modern accounts, as a ‘dialectic among reason, command, and custom.’ This book offers a challenging, fascinating, but consistent journey for the reader. It is an outstanding piece of work.” —Patrick McKinley Brennan, Villanova University"Drawing on the best resources of Roman law, classical canon law, Catholic theology, perennial philosophy, and positivist, historicist, and natural law jurisprudence, Brian McCall constructs a dynamic account of law that refuses to leave anything important out. Erudite yet unpretentious, this book is the modern jurisprudential equivalent of the greatest medieval cathedrals. Offering shelter to all, it appeals to our capacity to construct law that is worthy of our better angels, while never mistaking men-as-they-happen-to-be for angels." —Patrick Brennan, John F. Scarpa Chair in Catholic Legal Studies, Villanova University“While committed opponents of traditional natural law nay not be convinced, McCall’s presentation is nonetheless extremely lucid, clear and thought-provoking for those who have become uncomfortable with the supposedly self-evident principles of modern jurisprudence—principles which deny any real connection between law and morality and nature.” —Catholic Herald“[The Architecture of Law] is worth reading. Those not immersed in the classical tradition will benefit from this introduction to some of its lesser-known themes. . . . Those who know the tradition well will find in McCall’s expression of it fresh and challenging glosses and close attention to its most vexing questions.” —Law and Liberty“Professor McCall issues a clarion call to return to classical sources, most notable Thomas Aquinas, in order to evaluate and appreciate the essential role of natural law within the whole structure of the law.” —Ecclesiastical Law Journal“. . . a bold, thoughtful, and cogent defense of classical natural law theory and its relevance for the contemporary theory and practice of law. This book deserves wide attention from legal scholars as well as theologians and historians of law.” —Journal of Law and Religion

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Book SynopsisMit seiner Allgemeine Staatslehre reiht sich Hans Kelsen in eine spezifisch deutschsprachige Tradition ein - und doch begründet er mit ihr etwas grundstürzend Neues. Denn das in der prominenten Reihe "Enzyklopädie der Rechts- und Staatswissenschaft" erschienene Werk markiert nicht nur die Auftaktschrift für den sog. Weimarer Richtungs- und Methodenstreit in der Staatsrechtslehre, die Carl Schmitt, Rudolf Smend und Hermann Heller ihrerseits zu Verfassungs- respektive Staatslehren provozieren wird. Sie stellt darüber hinaus - neun Jahre vor der 1934 publizierten Erstauflage der Reine Rechtslehre - die erste zusammenhängende Darstellung der von Kelsen begründeten und gemeinsam mit seinen Schülern ausgeformten "Reinen Rechtslehre" dar. Sie zeigt den 43jährigen Kelsen auf dem Zenit seines Wiener Wirkens und seine "Jungösterreichische Schule der Rechtstheorie" am Ende ihrer Formationsphase.Auf der Grundlage einer "durch Kants Vernunftkritik" bestimmten Methode legt Kelsen dar, dass die herkömmlich unter dem Sammelbegriff der Allgemeinen Staatslehre behandelten disparaten Fragestellungen "durchgehend Probleme der Geltung und Erzeugung einer spezifischen [Rechts-]Ordnung", sprich: Rechtsprobleme sind. Während er die Geltungsfragen, sozusagen den Staat in der Ruhelage, der (Nomo-)Statik zuschlägt, behandelt er die Erzeugungsfragen, also den Staat in der Bewegung, unter dem Aspekt der (Nomo-)Dynamik. Und während die früheren Monografien seine normativistisch-positivistische Lehre nur mittelbar, nämlich durch das Diapositiv der Dekonstruktion der tradierten Staatsrechtslehre erkennen ließen, präsentiert sie Kelsen hier erstmals als vollgültigen Gegenentwurf.

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Book SynopsisAmong the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional juTrade ReviewThis volume encompasses her essays on transitional justice over the course of a decade, offering insights into the development both of her thought and the field itself. As such, it is essential reading for those who seek to understand the rise to prominence, and shifting meanings, of transitional justice in contemporary human rights discourse and practice." -Chandra Lekha Sriram, Professor of International Law and International Relations, Co-Director of the Centre on Human Rights in Conflict, University of East London, Global Policy JournalTable of ContentsIntroduction ; Part I: Overview ; 1. Transitional Justice Globalized ; Part II: Roots ; 2. The Universal and the Particular in International Criminal Justice ; 3. Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal and Their Legacy) ; Part III: Narratives ; 4. Transitional Justice Genealogy ; 5. Bringing the Messiah Through the Law ; 6. Transitional Justice as Liberal Narrative ; Part IV: Conflict, Transition and the Rule of Law ; 7. The Law and Politics of Contemporary Transitional Justice ; 8. Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May, Symposium Issue on Just and Unjust Wars ; 9. Transitional Rule of Law ; 10. The Alien Tort and Global Rule of Law ; 11. Transitional Justice and the Transformation of Constitutionalism ; Epilogue ; Index

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Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

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Book SynopsisThis book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin''s accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book''s organizing principle and theme reflect Dworkin''s self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin''s work--the unity of value thesis. The second section explores Dworkin''s contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin''s master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin''s general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.Table of ContentsContributors Wil Waluchow and Stefan Sciaraffa, Editors' Introduction Part I The Unity of Value 1. A Hedgehog's Unity of Value Joseph Raz Part II Political Values: Legitimacy, Authority, and Collective Responsibility 2. Political Resistance for Hedgehogs Candice Delmas 3. Ronald Dworkin, State Consent and Progressive Cosmopolitanism Thomas Christiano 4. To Fill or Not To Fill Individual Responsibility Gaps? Some Reflections on a Dworkin-Inspired Problem François Tanguay-Renaud 5. Inheritance and Hypothetical Insurance Daniel Halliday Part III General Jurisprudence: Contesting the Unity of Law and Value 6. Putting Law in Its Place Lawrence G. Sager 7. Dworkin and Unjust Law David Dyzenhaus 8. The Grounds of Law Luís Duarte d'Almeida 9. Immodesty in Dworkin's 'Third' Theory: Modest Conceptual Analysis, Immodest Conceptual Analysis, and the Lines Dividing Conceptual and Other Kinds of Theory of Law Kenneth Einar Himma 10. Imperialism and Importance in Dworkin's Jurisprudence Michael Giudice 11. A Theory of Legal Obligation Christopher Essert Part IV Value in Law 12. Originalism and Constructive Interpretation David O. Brink 13. Was Dworkin an Originalist? Larry Alexander 14. The Moral Reading of Constitutions Connie S. Rosati 15. Authority, Intention and Interpretation Aditi Bagchi 16. Concern and Respect in Procedural Law Hamish Stewart Index

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The second volume of Joel Feinberg's work, "The Moral Limits of Criminal Law", a four-volume work that addresses the question: what kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizen?

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Book SynopsisThe 4th and final volume in the series defines the philosophical basis for criminalizing so-called "victimless crimes", such as pornography and consensual sexual activity.Trade Review`It is comprehensive, systematic, argued with a rigour and scrupulousness unmatched, let alone surpassed, in any comparable study.' Times Literary Supplement`the most comprehensive and fully argued liberal treatment of the moral limits of the criminal law yet to be produced' Times Higher Education Supplement'full of detail and careful argument ... a very subtle and nuanced book ... The work is wide-ranging, and has value for those with interests in social philosophy and ethics as well as philosophers of law.' Joel J. Kupperman, University of Connecticut, Mind, Vol. 101, No. 401, Jan 1992

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Book SynopsisIn The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West''s legal discourse of `heathens'' and `infidels'', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of `savage'' and `barbarian'' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples'' rights in the United States and in other nations as well.Trade Reviewthis book can be recommended as providing a good overview of the jurisprudential status of the United States Indian tribes ... The author brings together all the important sources and events which have somehow contributed to legal thought affecting the American Indian. * Cambridge Law Journal *

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Book SynopsisIn an era when much of what passes for debate is merely moral posturing - traditional family values versus the cultural elite, free speech versus censorship - the terms `liberal'' and `politically correct'', are used with as much dismissive scorn by the right as `reactionary'' and `fascist'' are by the left.In There''s No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he takes both the left and the right equally to task. This book is essential reading for anyone with an interest in the outcome of America''s cultural wars.Trade ReviewMr Fish deflates anointed truths with joyful abandon, and he is at his best in exposing the often baleful effects wrought by mean-spirited defenders of traditional values * The New York Times Book Review *

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Book SynopsisWould you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but there are theories being seriously advanced by radical multiculturalists that force us to ask such questions. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins aTrade Review"Although I disagree with every word of this book, I found it utterly absorbing and uniquely provocative."--Laura Kalman, Professor of History, University of California, Santa Barbara "Professors Farber and Sherry have given us a sober and passionate defense of the liberal Enlightenment faith against its most serious intellectual assault in a generation. More effectively than any scholars I know, they remind us of the moral, legal, and political stakes in the current academic battles between the party of reason and party of emotionalism and subjectivity."--Jeffrey Rosen, Legal Affairs Editor, The New Republic "At a time when some on the right as well as the left are trying to turn individual liberties into swear words, these good old causes could use some help. They get it here."--Walter Olson, The Wall Street Journal "A vigorous critique of present-day radical, postmodern multiculturalism in legal academia."--David Wagner, The Washington Times

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Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *

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Book SynopsisCriminal law, according to George Fletcher, has become localized law in the sense that each country and, within the USA, each state has adopted its own set of criminal codes, conceptions of punishable behaviour, etc. In this book, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues. He introduces and sets out the twelve concepts that shape and guide every system of criminal justice, knowledge of which is essential to understanding the structure of the law and its local and national variations.Trade Review"...a concise, fair-minded, and remarkably clear synthesis of virtually all of the major debates in contemporary criminal law theory...Fletcher...works masterfully, in order to test the specifically universal and timeless claims of his theory...the readers cannot help but be impressed by what Fletcher has achieved...his dichotomy theory is rich enough to provide the tools for analyzing many of the examined anomalies."--Michigan Law Review

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Book SynopsisIn this book, Paul Campos argues that the American worship of law and legality can at times become so pathological that it comes to resemble a type of legal madness, or Jurismania. Campos offers an intensely critical look at the role of law and legal reason in American society, and concludes that much of what is called the rule of law resembles a culturally sanctioned form of obsessive-compulsive behaviour.Trade ReviewJurismania provides a sharp reminder that the law cannot solve all problems, and serves up a chilling vision of a demented world in which regulation is all-pervasive and where respect for the law is lost through its misuse. It is a cautionary tale upon which we could do worse than reflect. * Roderick Munday, Justice of the Peace Volume 163 *

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Book SynopsisIn its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition , and breadth of practice. What began as a small activist group of social scientists volunteering their expertiseto assist in the defence of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds.In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession''s struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended best practices from trial lawyers, Trade Review"Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultatnt, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric ServicesTable of Contents1. Trial Consulting: Does It Help Achieve the Cause of Justice? ; 2. Witness Preparation ; 3. Change of Venue ; 4. Small Group Research ; 5. Trial Strategies and Procedures ; 6. What Do We Know about Jury Deliberations and the Determinants of Jury Decisions? ; 7. Jury Selection - Measures of General Bias ; 8. Jury Selection - Case-specific Approaches ; 9. Jury Selectionn - Effectiveness and Ethics ; 10. What Needs to be Changed?

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Book SynopsisSamuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls'' work and is arguably Rawls'' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.Trade ReviewHighly recommended. * D.H. Rice, CHOICE *Table of ContentsPART ONE: A THEORY OF JUSTICE ; PART TWO: POLITICAL LIBERALISM ; PART THREE: THE LAW OF PEOPLES

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Book SynopsisAn account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer''s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century''s most contested legal issues. And finally, he describes both the profession''s rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.Table of ContentsIntroduction Part I: Before the Transition Chapter 1: The Law of Nature Chapter 2: The Common Law Part II: Causes of the Transition Chapter 3: The Adoption of Written Constitutions Chapter 4: The Separation of Law and Religion Chapter 5: The Explosion in Law Publishing Chapter 6: The Two-Sidedness of Natural Law Part III: The Transition and After Chapter 7: The Decline of Natural Law and Custom Chapter 8: Substitutes for Natural Law Chapter 9: Echoes of Natural Law Index

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Book SynopsisThe 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year''s edition features expert articles by renowned scholars who addr

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Book SynopsisTable of ContentsPreface Chapter 1: Institutional Facts Chapter 2: Grounding and Reduction Chapter 3: Grounding Social Rules Chapter 4: Constitution by Rules Chapter 5: Artifacts and the Limits of Error Chapter 6: Rationalizing Practices Chapter 7: Power-Structuring Rules Bibliography

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Book SynopsisTrade ReviewA novel and important book. Living With the Invisible Hand reveals that market arrangements, precisely like states, can be authoritarian. They direct people's choices in ways that are disrespectful of their status as free persons. Underscoring the limits of dominant views of economic life and economic agency, Hussein explores the normative and institutional requirements necessary to reconcile the existence of markets with the imperative of freedom. This will be a lasting contribution. * Chiara Cordelli, Department of Political Science, University of Chicago *Waheed Hussain has left us with a gift — a thoughtful, compelling, original theory about markets and freedom. Human freedom in a complex market economy is not simply about having lots of economic options. Instead, Hussain offers an anti-authoritarian economic ideal, in which companies as well as government enable and respond to our judgments, rather than short-circuiting them in the name of efficiency. * Joshua Cohen, Boston Review *Table of ContentsForeword by T.M. Scanlon Editorial Preface Preface Introduction 1. The Institutional Perspective 2. Liberal Freedom Is Not the Issue 3. Social Coordination Through a Dynamical System 4. Authoritarianism in a Coordination Mechanism 5. Reason-sensitivity, Transparency, and Trustworthiness 6. Does a Liberal Market Democracy Satisfy the Anti-Authoritarian Ideal? 7. The Dynamical View of Business Corporations 8. An Intermediated Market Arrangement Appendix: What is a Market Economy? Bibliography Index

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Book SynopsisPolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusTrade ReviewThe literature on migration in political philosophy is by now mature, and well-trodden argumentative paths map the contours of its central questions. This makes it all the more impressive that Michael Blake's Justice, Migration, and Mercy manages to navigate those questions in a novel and genuinely distinctive way, as well as to chart out new routes for exploration in the terrain of debate. It will prove valuable to both students of migration in political philosophy, for the lucidity with which it approaches its central questions and relates them to contemporary migration politics (especially in the USA), and to partisans in the debates in which Blake engages, for the original perspective that it articulates and for Blake's thoughtful engagement with his interlocuters. * Jamie Draper, Res Publica *What is unique about Blake's book is that he goes beyond justice to argue that mercy creates other obligations for us to take care of other people, regardless of whether those people have rights in justice to that sort of care. It is a strength of his book that it inspires us to think beyond simply what liberal states must do to avoid being unjust, to the virtues that such states ought to cultivate to become morally better political communities. * Renée Nicole Souris, Philosophia *In conclusion, Michael Blake's new book is a relevant contribution to the migration ethicsliterature to the extent that it introduces a major challenge to the open borders position whileinviting migration scholars to get rid of the restraints of justice by enriching their moral vocabulary. * Mario Josue Cunningham Matamoros, Ethical Theory and Moral Practice *Michael Blake's book offers a distinctive and illuminating perspective on questions about immigration. Blake is a well known political philosopher, and this book has his characteristic clarity, precision, and sharpness. The book is aimed at a wider audience than his fellow philosophers, however. It is filled with examples, stories, and links to current political debates that will help ordinary readers to understand why it is important both to reflect carefully about highly contested issues and to expand the moral vocabulary that dominates conventional discussions of immigration. It is an engaging and provocative read. * Joseph H. Carens, Professor of Political Science, University of Toronto *In the increasingly polarized literature on migration, Blake's approach will be controversial. The book defends some bracing conclusions: Blake argues that would not be unjust for the state to deport undocumented migrants, to prevent the spouses and family members of its own citizens from settling, and to close its borders to all would-be migrants except refugees (though these acts would be unmerciful). Still, even those who disagree (as I do) with these policy conclusions will find the book of considerable philosophical interest. Blake connects migration ethics to a broader picture of what states owe members and outsiders in a world structured as a system of separate legal jurisdictions. This is a real innovation in the migration literature, and an idea worth building upon. * Anna Stilz, Notre Dame Philosophical Reviews *For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated and develops a number of fruitful arguments....[T]his is one of the most important books on immigration policy in the past few years and should be read by those with an interest in the topic, as well as by people hoping to develop accounts of virtues other than justice in political philosophy. * Matt Lister, Ethics *Table of ContentsPreface Chapter One: On Morality and Migration Chapter Two: Justice and the Excluded, Part One: Open Borders Chapter Three: Justice and the Excluded, Part Two: Closed Borders Chapter Four: Justice, Jurisdiction, and Migration Chapter Five: Coercion and Refuge Chapter Six: Choosing and Refusing: On Migration, Exclusion, and the Bigot's Veto Chapter Seven: People, Places, and Plans: On Love, Migration, and Documentation Chapter Eight: Reciprocity, the Undocumented, and Jeb Bush Chapter Nine: On Mercy in Politics Chapter Ten: Migration and Mercy Bibliography

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Book SynopsisCan the right to private property be claimed as one of the `rights of mankind''? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke''s Second Treatise and Hegel''s Philosophy of Right to illustrate this contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author''s overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions.Trade Review`A thoughtful and meticulous book ... consistently intelligent and often highly instructive.' Times Literary Supplement`an exceptionally clear and useful account ... Waldron's book demonstrates where an effort to take "the right to private property" seriously ought to lead.' Times Higher Education Supplement`scholarly book' Robert Oakeshott, Political Quarterly, 61.3 July-Sept 1990`His extensive discussion of Locke will not disappoint ... immensely rich. Highly recommended for all university and college libraries' Religious Studies Review`lucid and authoritative book ... A book like this is intended to be the beginning, not the end, of thinking about the subject it covers.' Constitutional Commentary`thoughtful, tightly reasoned book ... a very clear and extraordinarily sophisticated analysis of property rights.' Michigan Law Review`we should be grateful for the wealth of intelligent and insightful analyses in this big book' Dialogue`The great merit of Waldron's study is that it brings a high-powered and unforgiving microscope to one argument: that there is a right to private property ... Because the study of the right to property can lead in so many directions, and because Waldron is aware of them, this is a major contribution to contemporary political theory.' Political StudiesTable of ContentsPart 1: The Framework: Introduction; What is private property?; Right-based arguments; Special rights and general rights; Part II: The arguments: Arguing for property; Locke's discussion of property; Historical entitlement: some difficulties; General-right-based arguments for private property; The Proudhon Strategy; Hegel's discussion of property; Self-ownership and the opportunity to appropriate; Property for all; Bibliography; Index

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Book SynopsisWhat does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

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Book SynopsisThese essays, which cover a wide range of topics, were written by Professor Hart between 1953 and 1981, and first appeared in a variety of different books and journals.

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Book SynopsisAn updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

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Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.

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Book SynopsisThis book develops a general, philosophical theory about the nature of law and its relationship with morality. Its central theoretical question is whether, in determining the extent of our legal rights and obligations, judges must appeal to moral principles and values. The author argues that they often do, and develops a philosophical theory which accomodates this fact.Trade Reviewmuch of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal StudiesThere are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *

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Book SynopsisIn 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, available now for the first time in English 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 horTrade ReviewThis work provides one of the most penetrating, analytically refined, and influential general accounts of constitutional rights available. American realists will recognize the structure of rights it proposes as functional and pragmatic. Comparative constitutional jurists will recognize it as a reconstruction of what is, perhaps, the dominant understanding of constitutional rights in the world. It would be a mistake for constitutional scholars of any tradition not to engage this book seriously. * Mattias Kumm *Juian Rivers deserves credit not only for a text which does full justice to Alexy's renowned lucidity, but also for an introduction which argues persuasively for the relevance of Alexy's understanding of constitutional rights. * Legal Studies *... a valuable contribution to our appreciation of the wider context in which both the German Federal Constitutional Court (FCC) and US Supreme Court operate. * European Public Law *... provide(s) us with a stimulating theoretical account of the method of adjudication employed by the judges of the FCC, as well as some insight into the workings and background assumptions of German constitutional law. * European Public Law *... reveal(s) numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other. * European Public Law *... challenge(s) us to question some assumptions about UK public law and the role of the judge within it. * European Public Law *... provides a series of challenging arguments that draw together fine theoretical developments with a clear analysis of the German case law. Undoubtedly, it constitutes a building block of every serious discussion on constitutional rights and everyone who is interested in these issues should compare his views with Alexy's. His subtle analytical distinctions would shed much light over utterly obscure issues such as horizontality, proportionality, scope, and limits of rights. Moreover, a British audience puzzled by the role of a new Bill of Rights would find much relief from a comparative insight on questions of rights. The strength of this book is that it provides a sound framework for initiating a discussion on constitutional rights. * International and Comparative Law Quarterly *... provides an excellent analytical framework to deal with the most difficult constitutional rights issues. * International and Comparative Law Quarterly *Table of ContentsPREFACE ; A Theory of Constitutional Rights and the British Constitution ; 1. The Content and Purpose of a Theory of Constitutional Rights ; 2. The Concept of a Constitutional Rights Norm ; 3. The Structure of Constitutional Rights Norms ; 4. Constitutional Rights as Subjective Rights ; 5. Constitutional Rights and Legal Status ; 6. The Limits of Constitutional Rights ; 7. The General Right to Liberty ; 8. The General Right to Equality ; 9. Rights to Positive State Action ; 10. Constitutional Rights and Constitutional Rights Norms in the Legal System ; POSTSCRIPT

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Book SynopsisThis is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.Trade Review'Schauer has written a serious work in the philosophy of law and language, which can most fully be evaluated by specialists in those fields ... Schauer takes great care to be as precise as he can in his formulations.' Mark V. Tushnet, Georgetown University, Michigan Law Review'With Frederik Schauer's Playing by the Rules, we have a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important.' Leslie Green, York University, Toronto, American Political Science Review, Vol. 88, No. 1, March 1994`a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important' American Political Science Review

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