Methods, theory and philosophy of law Books

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 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 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 SynopsisThe United States Federal Courts of Appeals decide cases concerning the most important issues of our time. This book is an unprecedented look into the internal operations of the courts, detailing the norms and unwritten customs of their day to day operations.Trade Review'This book, authored by an eminent federal circuit judge and an expert academic, fills a conspicuous void when it comes to understanding how our federal appellate courts work in practice. Long overdue, it provides a blueprint for both the legal practitioner and those interested in learning more about the practical considerations that define appellate advocacy. On my bookshelf for sure.' Kenneth R. Feinberg, Esq., former Administrator of the September 11, Victim Compensation Fund'The judicial administration 'dream team' of Judge Jon O. Newman and Duke Law Professor Marin K. Levy have discovered and described the written and unwritten practices and customs of the nation's 13 courts of appeals. Appellate lawyers, judges, and scholars will be delighted to have this compilation of practices and customs, many of which vary considerably from circuit to circuit.' David F. Levi, Dean Emeritus, Duke University Law School, and former President, American Law Institute'The book means that lawyers can more readily find out how to present their cases in different circuits. It means that the judges of different circuits can far more easily learn how their counterparts elsewhere in the federal system organize the judicial appellate task. And it means knowledge will bring about improvement as judges in each circuit learn how others handle similar problems. The result: a judicial system that works better for those whom it serves.' Stephen Breyer, US Supreme Court (retired) from the ForewordTable of ContentsForeword; Preface; Introduction; 1. The Chief Judge of a Circuit; 2. Administrative Structure; 3. Calendars, Panels, and Assignment of Cases; 4. Motions; 5. Expedited Appeals; 6. Briefs of Parties and Amici Curiae; 7. Oral Argument; 8. Precedential Opinions; 9. Non-Precedential Opinions; 10. En Banc Procedures; 11. Promoting the Expeditious Disposition of Appeals; 12. Death Penalty Cases; 13. Senior Judges; 14. Judicial Councils and Judicial Conferences; 15. Information on Websites; 16. Miscellaneous Provisions; Conclusion; Index.

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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 SynopsisThe figure of the mistress is undoubtedly controversial. She provokes intense reactions, ranging from fear, to disgust and revulsion, to excitement and titillation, to sadness and perhaps to some, love. The mistress is conventionally depicted as a threat to moral living and someone whose sexuality is considered defective and toxic. Of course, she is a woman that you would not have as your friend, and certainly not your wife, since her ethical sense, if she even has one, is dubious at best. This book subverts these traditional judgements and offers an unflinching look at the lived experience of the mistress. Here she is recast as a potentially loving, free, intimate other' woman. Drawing upon feminist philosophy, contemporary sexual ethics and the current cultural moment of #MeToo, Mistress Ethics moves beyond a narrative of infidelity, conventional judgment, the safeguarding of monogamy and conventional heterosex that permeates our society. It asks what happens when we let go oTrade ReviewA stunning critique of the ethics of both monogamous and non-monogamous relationships, offering radical alternatives from those ‘spies in the house of love’ who occupy the spaces in between. Deftly weaving together personal stories and political analysis, Mistress Ethics is a courageous, compelling, and - above all - deeply kind book. * Meg-John Barker, Author of “Life Isn’t Binary: On Being Both, Beyond, and In-Between” *An original, radical book. Academically rigorous, yet an entertaining read. It dares to start a new conversation about an experience previously unexplored in philosophy and to humanise instead of judge. * Andy West, Author of “The Life Inside: A Memoir of Prison, Philosophy and Family” *Brooks offers a stepping stone along the path towards a more sexually flexible future. While the book does not convince that cheating will ever be right, this is a fascinating look into a demonized archetype in sexuality. * Stoya, Actress and Writer, Author of “Philosophy, Pussycats, and Porn” *Table of ContentsPreface Acknowledgements Introductions: Sex, Ethics and Mistresses Chapter 1: Why Do We Hate Mistresses Or Why You Should Never Assume Chapter 2: Slut! Who Is She And How Is She Made? Chapter 3: #MeToo, Marriage And Power: What Kind Of Men Have Mistresses And How Are They Treated? Chapter 4: What Is The Sex Like? Chapter 5: Bisexual, Queer And Kinky Mistresses Chapter 6: If Polygamy Is Not The Answer, What Is? Bibliography Index

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Book SynopsisAssembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law.With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law â international legal statutes, customary international law, historical precedents and general principles of law â create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics â including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology â it is the first book to bring new and emerging research on posthuman theory and international law together into one volume.This bookâs posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology.Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.Trade Review“How do ‘we’ move beyond the Eurocentric, hetrosexist and humanistic binds of international law? As much critical scholarship has demonstrated, it is not through more law. This wide-ranging collection, written by some of the most exciting thinkers of international law and posthumanism, provides readers with ways of thinking otherwise – ways out of the binds. This is critique as hope.” Maria Elander, La Trobe University, Australia"The chapters of this book offer, each in their specific manner and through different angles, multi-directional answers, provide examples and illustrations of what is at stake. They share one, empowering belief, which I take as axiomatic, namely that posthuman legal thought aims to critique the humanistic, Eurocentric, normative and heterosexist core of legal theory and practice, in order to make it more inclusive and less discriminatory. In so doing, they make room for the non-human, more-than-human entities, agents and subjects of our posthuman times. The intertwined critiques of humanism and anthropocentrism serve to illuminate contemporary patterns of power, subjugation, injustice and exploitation. And to offer ways out." Rosi Braidotti, Utrecht University, the Netherlands. Table of ContentsList of Contributors ixPreface by Rosi Braidotti xiiIntroduction to International Law and PosthumanTheory 1Emily Jones and Matilda ArvidssonPART 1Methodological and Theoretical Frontiers 291 Posthuman Feminism as a Theoretical and Methodological Approach to International Law 31Matilda Arvidsson2 Flat Ontology and Differentiation: In Defense of Bennett’s Vital Materialism, and Some Thoughts Toward Decolonial New Materialisms for International Law 60Anna Grear3 Aesthetics, New Materialism and Legal Matter: The ‘Art’ of Anglo-American Colonialism 83Delaney Mitchell4 The Common Heritage of Kin-Kind 105Emily Jones, Cristian van Eijk and Gina HeathcotePART 2Political Economy, History and Colonialism 1375 A Monument to E.G. Wakefield: New and Historical Materialist Dialogues for a Posthuman International Law 139Jessie Hohmann and Christine Schwobel-Patel6 Neither National nor International: A Posthumanist Retelling of Tax Sovereignty 161Hedvig Larka7 After Homo Narrans: Botany, International Law and Senegambia in Early Racial Capitalist Worldmaking 180Vanja HamzićPART 3The Environment and the Nonhuman 2018 Terraqueous Feminisms and the International Law of the Sea 203Gina Heathcote9 Becoming Common – Ecological Resistance, Refusal, Reparation 222Marie Petersmann10 The War on Drugs as the War on the Nonhuman 244Kojo Koram and Oscar Guardiola-Rivera11 Supplanting Anthropocentric Legalities: Can the Rule of Law Tolerate Intensive Animal Agriculture? 258Maneesha Deckha12 Will Human Rights Save the Anthropos from the Anthropocene? Rights-Based Environmental Protection Strategies and Posthuman Theory 279Jasmijn LeeuwenkampIndex 305

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Book SynopsisDo animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.Trade ReviewI think this is an absolutely fantastic book and will be a great resource for students. -- Russil Durrant * Victoria University of Wellington *Table of ContentsIntroduction 1. The Current Legal Status of Animals I. Introduction II. The Property Status of Animals III. Legislation Protecting Animals IV. Constitutional Law V. International Law VI. Animal Protection Laws in Practice VII. Conclusion 2. Welfarism vs Abolitionism, a Dichotomy? I. Introduction II. Classic Welfarism III. Abolitionism IV. New Welfarism V. Beyond the Dichotomy VI. Conclusion 3. Philosophical Foundations of Animal Rights I. Introduction II. Peter Singer’s Utilitarianism III. Tom Regan’s Deontological Approach IV. Martha Nussbaum’s Capabilities Approach V. Sue Donaldson and Will Kymlicka’s Political Theory VI. Critical Approaches to Animal Rights VII. Conclusion 4. The Legal Theory of Animal Rights I. Introduction II. Are Animals Fit to have Legal Rights? III. Do Animals Already have Legal Rights? IV. Would Animals Need to Become Legal Persons? V. Conclusion 5. Animal Rights and Human Rights I. Introduction II. Should Only Humans have Human Rights? III. Should Animals have Similar Rights to Humans? IV. How Could Human and Animal Rights be Reconciled Legally? V. Conclusion 6. Animal Rights in Litigation I. Introduction II. Animals and the Issue of Legal Standing to Bring an Action III. Animals as Subjects of Habeas Corpus IV. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus V. Conclusion 7. Animal Rights in Legislation I. Introduction II. Domestic Proposals for Animal Rights Laws III. International Proposals for Animal Rights Laws IV. Drafting Animal Rights Laws V. Conclusion 8. Animal Rights as a Social Justice Movement I. Introduction II. The Animal Rights Movement as Abolitionist III. Animal Rights and Connections with Other Rights Movements IV. Learning Lessons V. Conclusion Conclusion

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Book SynopsisA landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.Table of ContentsIntroduction \ 1. Jurisprudence \ 2. The Model of Rules I \ 3. The Model of Rules II \ 4. Hard Cases \ 5. Constitutional Cases \ 6. Justice and Rights \ 7. Taking Rights Seriously \ 8. Civil Disobedience \ 9. Reverse Discrimination \ 10. Liberty and Moralism \ 11. Liberty and Liberalism \ 12. What Rights Do We Have? \ 13. Can Rights Be Controversial? \ Appendix: A Reply to Critics \ Index.

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Book SynopsisThis volume introduces the legal philosopher Adolf Reinach and his contributions to speech act theory, as well as his analysis of basic legal concepts and their relationship to positive law. Reinach''s thorough analysis has recently garnered growing interest in private law theory, yet his ''phenomenological realist'' philosophical approach is not in line with contemporary mainstream approaches. The essays in this volume resuscitate and interrogate Reinach''s unique account of the foundations of private law, situating him in contemporary private law theory and broader philosophical currents. The work also makes Reinach''s methods more accessible to those unfamiliar with early phenomenology. Together these contributions prove that while Reinach''s perspective on private law shares similarities and points of departure with trends in today''s legal theory, many of his insights remain singular and illuminating in their own right. This title is also available as Open Access on Cambridge Core.

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Book SynopsisWeapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants ""mistrust the people and deprive them of their arms."" Today ownership of weapons - whether handguns or military-grade assault weapons - poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights.The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.

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Book SynopsisA law professor''s memoir of his own ascendancy from prosecutor to influential legal thinker.From prosecuting murderers in Chicago, to arguing before the Supreme Court, to authoring more than a dozen books, Georgetown University law professor Randy Barnett has played an integral role in the rise of originalism—the movement to identify, restore, and defend the original meaning of the Constitution. Thanks in part to his efforts, by 2018 a majority of sitting Supreme Court justices self-identified as “originalists.” After writing seminal books on libertarianism and contract law, Barnett pivoted to constitutional law. His mission to restore "the lost Constitution" took him from the schoolhouse to the courthouse, where he argued the medical marijuana case of Gonzeles v. Raich in the Supreme Court—a case now taught to every

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Book SynopsisThis is an open access book.Animals are the traditional blind spot in human rights theory. This book brings together the seemingly disparate discourses of human and animal rights, and looks at emerging animal rights as new human rights. It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights. On philosophical as well as practical grounds, this book argues that there are compelling conceptual, principled, and prudential reasons for modernizing the human rights paradigm and integrating animals into its protective mandate. Moreover, this book proposes the novel One Rights approach as a new (post-)human rights paradigm for the Anthropocene. One Rights advances a holistic understanding of the indivisibility and interdependence of human and animal rights. This book explores how the systematic subjugation, exploitation, and extermination of animals simultaneously contributes to some of the gravest social and environmental threats to human rights, such as animalistic dehumanization and climate change. This book submits that, in light of their socio-political and ecological interconnectedness, human and animal rights are best protected in concert. The themes of this book are part of a larger conversation about postanthropocentric legal paradigms emerging in the Anthropocene. For human rights to survive in this era of anthropogenic crises, we need to abandon the toxic ideology of human exceptionalism and embrace a more inclusive version of (post-)human rights that tends to the nonhuman. This book intends to show that a holistic One Rights approach promises to achieve better rights-protective outcomes for humans, animals, and their shared planetary home.Table of ContentsAnimal Rights: A New (Non-)Human Rights Revolution?.- Naturalistic Conceptions of Human and Animal Rights: From Human Exceptionalism to Transspecies Universalism.- Political Conceptions of Human and Animal Rights: Principled and Prudential Reasons.- One Rights: Indivisibility and Interdependence of Human and Animal Rights.

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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 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 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 SynopsisThere are two kinds of knowledge law school teaches: legal rules on the one hand and tools for thinking about legal problems on the other. This work brings together various tools for thinking about law. It is suitable for law students, practitioners seeking a one-stop guide to legal principles, or those with an interest in the law.Trade Review"This is an outstanding book that occupies a significant and unique niche in the literature of jurisprudence and legal methodology. Ward Farnsworth introduces students and practitioners alike to basic methods of legal analysis across a broad range of disciplines. This book should become the ultimate 'toolkit' for those new to the profession." - David J. Bederman, Emory University School of Law"

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Book SynopsisTrade ReviewBob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." —Guido Calabresi, Dean and Sterling Professor of Law, Yale University"Robert Cover drew his sources for the authority of law —for its violence, but also for its paideic potential— from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories." —Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings." —Robert F. Drinan, S.J., Georgetown University Law Center

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Book SynopsisThis Element offers a critical review of forensic linguistic studies in the Philippines. The studies within, collected over a period of eight to nine years, reveal relevant themes from texts in courtroom proceedings, legal writings, and police investigations.Table of Contents1. Introduction; 2. Language in the Philippine Legal Domain; 3. Developments in Philippine Forensic Linguistic Studies; 4. Charting Future Directions for Forensic Linguistics in the Philippines; References.

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Book SynopsisThis Element introduces the standards of proof and considers what justifies them, discusses whether we should use different standards in different cases, asks whether trials should end only in binary outcomes or use more precise verdicts, considers whether proof is simply about probability, and examines who should be trusted with deciding trials.

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Book SynopsisEnforcing Morality is written for scholars and graduate students working in the fields of philosophy, law and political theory. It provides both a critical overview of debates on the enforcement of morality and a defense of a distinctive position on the topic.Table of Contents1. Introduction; Part I. Background Controversies: 2. Mill's Principle; 3. The Hart/Devlin Debate; 4. Sovereignty and Consent; Part II. Critical Legal Moralism: 5. Ethical Environmentalism I; 6. Ethical Environmentalism II; 7. The Good of Personal Liberty; 8. Rights to do Wrongs; 9. Free Expression; 10. Pragmatism and the Perils of Enforcement.

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Book SynopsisLegal decisions continue to mystify: why was this person sentenced to 20 years in prison, but that person to just 10 years for the same crime? Why did one person sue for civil damages, but another let the matter drop? Legal rules are supposed to answer these questions, but their answers are radically incomplete. Wouldn't it be wonderful to have a theory that predicted and explained legal decisions? Drawing on Donald Black's theoretical ideas, Geometrical Justice: The Death Penalty in America addresses these issues, focusing specifi cally on who is sentenced to death and executed in the United States. The book explains why some murders are more serious than others and how the social characteristics of defendants, victims, and jurors aff ect case outcomes. Building on the most rigorous data in the field, the authors reveal wide discrepancies in capital punishment why one person lives, but another person dies.Geometrical Justice will be of interest to thoseTable of ContentsPrologue Chapter 1: The Geometrical Theory of Law Chapter 2: Social Space Chapter 3: Social Time Chapter 4: Space and Time: Third Parties Chapter 5: The Death Penalty and Beyond

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Book SynopsisAre we able to do everything we ought to do? According to the important but controversial Ought Implies Can principle, the answer is yes.In this book Alex King sheds some much-needed light on this principle. She argues that it is flawed because we are obligated to perform some actions that we cannot perform, and goes on to present a suggested theory for anyone who would deny the principle. She examines the traditional motivations for Ought Implies Can, and finds that they to a large degree do not support it. Using examples like gay rights, addiction, and disability, she argues that we can preserve many of the motivations that led us to the principle by thinking more about what we, as individuals or institutions, can fairly demand of ourselves and each other.Table of Contents1. The Principle 2. The Objections 3. Must Morality Be Fair? 4. Toward a Better Explanation 5. Implications and Applications 6. Conclusion Bibliography Index

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Book SynopsisPhilosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory Table of ContentsPreface ix Source Acknowledgments xii Introduction 1 Part I: Legal Reasoning 5 Introduction 7 1 An Introduction to Legal Reasoning 11 Edward H. Levi 2 Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed 23 Karl N. Llewellyn 3 Formalism 32 Frederick Schauer 4 Incompletely Theorized Agreements 43 Cass R. Sunstein 5 Custom, Opinio Juris, and Consent 54 Larry May 6 Lochner v. New York (1905) 70 Questions 77 Part II: Jurisprudence 79 Introduction 81 7 The Concept of Law 85 H. L. A. Hart 8 The Model of Rules I 99 Ronald Dworkin 9 Law as Justice 108 Michael S. Moore 10 The Economic Approach to Law 129 Richard A. Posner 11 The Distinction between Adjudication and Legislation 135 Duncan Kennedy 12 Critical Race Theory: The Key Writings that Formed the Movement 145 Kimberlé Crenshaw, Neil Gotanda, Gary Peller, Kendall Thomas 13 Feminist Legal Critics: The Reluctant Radicals 152 Patricia Smith 14 Riggs v. Palmer (1889) 164 Questions 170 Part III: International Law 171 Introduction 173 15 International Law 175 H. L. A. Hart 16 The Nature of Jus Cogens 184 Mark W. Janis 17 A Philosophy of International Law 187 Fernando R. Tesón 18 The Limits of International Law 200 Jack L. Goldsmith and Eric A. Posner 19 The Internal Legitimacy of Humanitarian Intervention 209 Allen Buchanan 20 Humanitarian Intervention: Problems of Collective Responsibility 221 Larry May 21 Humanitarian Intervention: Some Doubts 233 Burleigh Wilkins 22 Prosecutor v. Tadić (1995) 240 Questions 244 Part IV: Property 245 Introduction 247 23 Of Property 251 John Locke 24 Locke’s Theory of Acquisition 258 Robert Nozick 25 Property, Title, and Redistribution 263 A. M. Honoré 26 Philosophical Implications 269 Richard A. Epstein 27 The Social Structure of Japanese Intellectual Property Law 281 Dan Rosen and Chikako Usui 28 Historical Rights and Fair Shares 286 A. John Simmons 29 International News Service v. Associated Press (1918) 291 Questions 299 Part V: Torts 301 Introduction 303 30 Causation and Responsibility 307 H. L. A. Hart and A. M. Honoré 31 Sua Culpa 315 Joel Feinberg 32 Fairness and Utility in Tort Theory 322 George P. Fletcher 33 Tort Liability and the Limits of Corrective Justice 330 Jules L. Coleman 34 A Theory of Strict Liability 338 Richard A. Epstein 35 The Question of a Duty to Rescue in Canadian Tort Law: An Answer From France 348 Mitchell McInnes 36 Tarasoff v. Regents of University of California (1976) 356 Questions 362 Part VI: Criminal Law 363 Introduction 365 37 On Liberty 369 John Stuart Mill 38 The Enforcement of Morals 377 Patrick Devlin 39 Crime and Punishment: An Indigenous African Experience 384 Egbeke Aja 40 The Mind and the Deed 392 Anthony Kenny 41 Between Impunity and Show Trials 402 Martti Koskenniemi 42 Atrocity, Punishment, and International Law 411 Mark Drumbl 43 Defending International Criminal Trials 423 Larry May 44 Opening Statement before the International Military Tribunal (1945) 435 Justice Robert H. Jackson Questions 441 Part VII: Contracts 443 Introduction 445 45 Of the First and Second Natural Laws, and of Contracts 449 Thomas Hobbes 46 The Practice of Promising 455 P. S. Atiyah 47 Contract as Promise 465 Charles Fried 48 Legally Enforceable Commitments 479 Michael D. Bayles 49 Unconscionability and Contracts 487 Alan Wertheimer 50 South African Contract Law: The Need for a Concept of Unconscionability 500 Lynn Berat 51 Williams v. Walker-Thomas Furniture Co. (1965) 511 Questions 515 Part VIII: Constitutional Law 517 Introduction 519 52 Constitutional Cases 523 Ronald Dworkin 53 Does the Constitution Mean What It Always Meant? 535 Stephen R. Munzer and James W. Nickel 54 What’s Wrong with Chinese Rights? Toward a Theory of Rights with Chinese Characteristics 548 R. P. Peerenboom 55 Poverty and Constitutional Justice: The Indian Experience 569 Jeremy Cooper 56 Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland 585 Rory O’Connell 57 Peremptory Norms as International Public Order 602 Alexander Orakhelashvili 58 The Gender of Jus Cogens 610 Hilary Charlesworth and Christine Chinkin 59 Plessy v. Ferguson (1896) 620 Questions 626

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Book SynopsisPeter Goodrich looks beyond Judge Schreber's mental health to evaluate his jurisprudential theory. Goodrich analyses Schreber's Memoirs, interpreters and intellectual context to show how Schreber challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.

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Book SynopsisCombining her expertise in legal theory and judicial practice in a continental-European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice.

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Book SynopsisExamines the significance of the Faustian pact in international law

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Book SynopsisH.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart’s contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart’s jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart’s achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart’s insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements.This book is an invaluable guide to Hart’s thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.Trade Review"Matthew Kramer is one of the most important figures in legal theory today. His deep analysis of H.L.A. Hart's legal philosophy will be an invaluable resource for scholars and serious students of jurisprudence."—Brian Bix, University of Minnesota "Written with Kramer’s characteristic care and attention to detail, this marvelous book provides a sympathetic, yet critical, account of Hart's views on the nature of law and of legal reasoning. A valuable source of insight for student and seasoned scholar alike."—Wil Waluchow, McMaster UniversityTable of ContentsPreface vii 1 A Discourse on Method 1 1 Posing the questions 2 2 Elucidation of a concept 4 3 A method of central instances 5 4 A philosophical scope 8 5 Variations across societies 11 6 A descriptive-explanatory methodology 12 7 A reductionist ambition? 23 8 A naturalistic ambition? 28 2 Hart on Legal Powers and Law’s Normativity 32 1 The Austinian model of law 33 2 Power-conferring laws 36 3 Legislators bound 52 4 Custom-derived laws 53 5 Limits on sovereignty 56 3 The Components of Hart’s Jurisprudential Theory 60 1 The internal/external distinction 61 2 The simulative point of view 65 3 The blurring of distinctions between viewpoints 68 4 Primary norms and secondary norms: the general distinction 70 5 Primary norms and secondary norms: Hart’s thought-experiment 74 6 The Rule of Recognition: to whom is it addressed? 78 7 The Rule of Recognition: power-conferring and duty-imposing 81 8 The unity of the Rule of Recognition: disagreements over details 84 9 The unity of the Rule of Recognition: multiple criteria 85 10 The unity of the Rule of Recognition: institutional hierarchies 88 11 The ultimacy of the Rule of Recognition 91 12 The Rule of Recognition: the foundational level and the codified level 92 13 The intertwining of the Rule of Recognition and other secondary norms 97 14 Interdependent but distinct: a riposte to Shapiro 99 15 Interdependent but distinct: a riposte to Waldron 101 16 Interdependent but distinct: a riposte to MacCormick 103 17 The problem of circularity 105 18 Necessary and sufficient conditions 107 4 Hart on Legal Interpretation and Legal Reasoning 110 1 Crucial distinctions 112 2 Hart on formalism and rule-skepticism 133 5 Law and Morality 148 1 Separability theses 149 2 Hart on the minimum content of natural law 164 3 Inclusive versus Exclusive Positivism 173 4 Hart as an expressivist? 180 6 Conclusion 204 Notes 207 References 215 Index 222

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Book SynopsisThis textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of ‘modern’ political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)Trade ReviewThis book is clear, concise and well laid out. -- Amy Elkington * University of Chichester *An ideal starting place for anyone interested in, or studying, legal philosophy … Its simple but ambitious aim to provide a concise and accessible guide is easily achieved. * Student Law Journal (of the first edition) *A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own. * Canadian Law Library (of the first edition) *Table of Contents1. Justice, Law and History Morality History Law Situating Jurisprudence PART ONE FOUNDATIONS 2. Origins of the Western Jurisprudential Tradition A Basic Division Aristotelian Political Thought The Abandonment of Aristotle Justice and Community in Plato Suggested Reading 3. Jurisprudence – The Classical Tradition Positive Law Natural Law The Relationship between Natural Law and Positive Law Justice and Determination Human Knowledge of Natural Law A Word on Doctrines Suggested Reading 4. The Emergence of ‘Modern’ Political Thought Hobbes’s View of the Human Condition Law and Society The Political Context of Leviathan A Divided Inheritance Excursus Reason Sociability Absolutism The Right of Nature Suggested Reading 5. Images of Law from Grotius to Kant Grotius as a Natural Law Theorist A New Framework Suggested Reading PART TWO DEBATES 6. Positive Law, Positive Justice: Hart The Basic Dimensions of Hart’s Positivism The Nature of Law Law and Morality Natural Law Justice and Equality Suggested Reading 7. Justice in the ‘Real World’: Dworkin The Philosopher-Judge Could the Law be an Expression of Something other than ‘Integrity’? Objectivity, Truth and Scepticism Philosopher-Kings and Philosopher-Judges Suggested Reading 8. Justice and the Liberal State: Rawls Rational Reflection and Questions of Method The Problem of Justice The First Principle of Justice The Second Principle The Basic Structure in Context Suggested Reading 9. Justice and the Common Good: Finnis Introducing the Political Philosophy The Basic Goods The Status of Practical Reasonableness Order, Community and Justice Justice and Rights The Overall Direction of Finnis’s Account Suggested Reading 10. Justice and Legality: Fuller Legality and Justice Justice and the Institutional Reality of Law Eunomics: The Theory of Good Order The Direction of Fuller’s Thought Suggested Reading 11. Justice and Legal Order: Further Reflections Natural Right and Natural Law The Origin of the Law’s Authority Legal Order and Positive Law Summing Up Suggested Reading PART THREE CRITICAL PERSPECTIVES 12. Disruptive Theories Critical Theory Critical Race Theory Feminist Legal Theory Suggested Reading 13. Conclusions?

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Book SynopsisThis book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called ‘default verticality.’ This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.Table of Contents1. The Default Vertical Approach 2. State Action 3. Indirect and Direct Horizontality 4. Models of Bounded Direct Horizontality 5. The Institutional Approach 6. Application – I: Platform Work 7. Application – II: Domestic Relationships and Unpaid Labour Conclusion: The Prospects of the Institutional Approach

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Book Synopsis“Humanization and the Law” combines two current and complementary trends in the business-to-business (B2B) market of the legal industry: digitalization and humanization. On the one hand, digital transformation in corporate legal departments and law firms continues to advance. Contract management, e-discovery, due diligence, legal operations, and forensic data analysis are just a few examples of task areas where the use of intelligent software solutions minimizes legal risks and increases compliance, enables efficiency gains and cost reductions through automation, and allows faster and more agile responses to changing market demands and client expectations. On the other hand, the increasing number of failed digitalization projects shows that technology alone is not enough to successfully transform legal departments and law firms. Software solutions must be integrated into existing work processes, be easy to use, and provide real benefits in order to be accepted by employees. People and their ability to make decisions and lead others remain the focus in an increasingly digitalized legal industry. More than 20 authors provide insights into why human aspects matter for business, what organizations can do to increase the mental well-being and motivation of their employees, and how to prevail in the upcoming war for talent in the legal industry. “The legal industry has been largely dismissive of “soft skills” and “humanizing law.” One of the paradoxes of our time is that the ascendency of automation, artificial intelligence, blockchain, Big Data, and other technological platforms has elevated, not diminished, the importance of humanity. It is not only what distinguishes us from machines but it also enables us to apply our humanity to machines. The legal function will play an important role in this process but must first take a hard look at itself.” (Mark A. Cohen, in “Foreword”) Table of ContentsRoger Strathausen, Kai Jacob, Dierk Schindler and Bernhard Waltl, Introduction.- Sven von Alemann and Philipp Glock, The Paradigm Shift in AI: from Human Labor to Humane Creativity.- Heribert Anzinger, Human Dignity and Computational Methods of Law Making Agonists and Antagonists in the Humanization of Law.- Uwe Bandey and Silvio Kupsch, Humanized Law: How human should robot judgements be?.- Thomas Barton, Designing Legal Systems for an Algorithmic Society.- Lucy Bassli, Humanizing Contracting Processes for all Corporations.- Madeleine Bernhardt and Emma Ziercke, Patagonia: Everything a Law Firm is Not, But Could Be?.- Liam Brown et al., The Elevated Workplace.- Barbara Chomicka, Of Mice and Lawyers: What Lawyers Can Learn From Calhoun’s Rodent Utopia.- Craig Conte and Mark Ross, The Next Frontier for Contract Management: Technology and Humanity Meet to Revolutionize Post-Signature.- Anna Engers, Diversity is the “&” between Humanization and Law.- Helena Haapio, Legally functional and human-friendly contracts by design – the first ten years.- Abir Haddad, Rethinking Human-centered Legal Framework.- Tatiana Löttiger, International Business Etiquette for Legal Professionals.- Rainer Markfort and Patryk Zamorski, Law Firm of the Future.- Bruno Mascello, Wasting Human Resources – Women Still Have a Difficult Stand in the Legal Profession.- Jean Obst, Leadership and the Use of Metrics in Legal Departments – a Humanized Approach.- Carl Renner and Michael Zollner, On the Function of Contracts in Modern Society – an Instrument of Freedom of Bondage?.- Wolfgang Richter, Blockchain Based Tokens as a Tool to Transform Collaboration Structures.- V. Saintot and G. di Mateo, Legal knowledge management: augmenting and humanizing lawyers' work.- V. Saintot and F. Lulic, How to E-A-S-E our legal ecosystems with extended cognition and design-based practices.- Sebastian Schüssler, Beyond “do ut des” – What the Legal Business Can Learn From “Working Out Loud”.- Martina Seidl, Corporate Digital Responsibility.- Roger Strathausen, “Who Are you?” – A Story About a Gay Humanist Working at a Law Firm.- Ivan Timmer, Digitilization and Humanization: the law, the government & the citizen.- Duc V. Trang, Injecting Humanity (Back) Into Talent Development.

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Book SynopsisWährend Friedrich Nietzsche als eine der bedeutendsten Figuren innerhalb der deutschen Kulturgeschichte gilt, wird sein Einfluss auf den juristischen Diskurs als marginal beurteilt. Es scheint, als hätten sich die Rechtsphilosophen und -theoretiker einer vertieften Auseinandersetzung mit dem Denker enthalten. Sophia Gluth hinterfragt diesen Umstand und beleuchtet, ob und wie theoretisierende Juristen mit Nietzsche umgegangen sind. Dabei deckt sie ein Phänomen auf, das bisher weder gesehen noch beschrieben wurde: die konstante Rezeption Friedrich Nietzsches in der Rechtswissenschaft. Untersucht werden die Rezeptionsansätze vom Kaiserreich bis in die Gegenwart. Die juristischen Nietzsche-Lektüren u.a. des Freirechts, der "Konservativen Revolution", der Nationalsozialisten sowie der Postmoderne werden dabei stets eingebettet in ihre kulturelle und soziologische Umwelt. Erzählt wird so eine - nicht zuletzt bedrückende - juristische Ideen- und Mentalitätsgeschichte des 20. Jahrhunderts.

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Book SynopsisThis book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.Table of Contents1 Sources of Law by Jaap Hage.- 2 Legal Reasoning by Jaap Hage.- 3 Basic Concepts of Law by Jaap Hage.- 4 The Law of Contract by Jan Smits.- 5 Property Law by Bram Akkermans.- 6 Tort Law by Jaap Hage.- 7 Criminal Law by Johannes Keiler, Michele Panzavolta, and David Roef.- 8 Constitutional Law by Aalt Willem Heringa.- 9 Administrative Law by Chris Backes and Mariolina Eliantonio.- 10 The Law of Europe by Jaap Hage.- 11 Tax Law by Marcel Schaper.- 12 International Law by Menno T. Kamminga.- 13 Human Rights by Gustavo Arosemena.- 14 Elements of Procedural Law by Fokke Fernhout and Remco van Rhee.- 15 Philosophy of Law by Jaap Hage.

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Book SynopsisThe notion of the posthuman continues to both intrigue and confuse, not least because of the huge number of ideas, theories and figures associated with this term. More Posthuman Glossary provides a way in to the dizzying array of posthuman concepts, providing vivid accounts of emerging terms. It is much more than a series of definitions, however, in that it seeks to imagine and predict what new terms might come into being as this exciting field continues to expand. A follow-up volume to the brilliant interventions of Posthuman Glossary (2018), this book extends and elaborates on that work, particularly focusing on concepts of race, indigeneity and new ideas in radical ecology. It also includes new and emerging voices within the new humanities and multiple modes of communicating ideas.This is an indispensible glossary for those who are exploring what the non-human, inhuman and posthuman might mean in the 21st century.Trade ReviewMore Posthuman Glossary provides a significant set of framework concepts and topics that navigate through the abundance of innovative methodological tools generated by posthumanist practices, and enables ways to think with the complex conditions of the world. * Felicity Colman, Professor of Media Arts, University of the Arts, London, UK *How are we to navigate the world today? The editors of More Posthuman Glossary adopt the Stengerian strategy of forming relays. The question is no longer whether to render explicit or clarify what would remain implicit. It is about “consolidating just a little more”, always a little more with every new entry in the glossary. Encore! * Andrej Radman, Assistant Professor of Architecture Philosophy and Theory, Delft University of Technology, The Netherlands *Table of ContentsContributors Preface, Donna Haraway Introduction, Rosi Braidotti, Emily Jones and Goda Klumbyte Glossary Acting as country, Daryle Rigney Agrarian (Post-)Humanities, Sophie von Redecker Algoritmic governmentality, Antoinette Rouvroy and Goda Klumbyte Art and Bioethics, Sarah Boers Collaborative Politics, Simone Bignall Collapse, Christopher F. Julien Composting, Astrida Neimanis and Jennifer Mae Hamilton Convergences, Rosi Braidotti, Emily Jones and Goda Klumbyte Cosmic Artisan, Kay Sidebottom Crip Theory, Kelly Fritsch Critical Posthuman Theory, Rosi Braidotti and Emily Jones (De)constructing Risk, Helene Kazan Defamiliarisation, Helen Palmer Dissappearance, Rick Dolphijn and Trixie Tsang The Distributed University, Sarah Nuttall and Rosi Braidotti EcoLaw, Margaret Davies Emergent Ecologies, Eben Kirksey Empathy Beyond the Human, Danielle Sands Endomaterialities, Celia Roberts Existential Posthumanism: A Manifesto, Francesca Ferrando Ex-colonialism, Simone Bignall Feminism and oceans, Gina Heathcote Fermentation, Olga Goriunova Geoengineering, Holly Jean Buck Geontopower, Elizabeth Povinelli Humus Economicus, Janna Holmstedt Hydrofeminism, Astrida Neimanis Internet of Trees, Jennifer Gabrys Intragenerational Justice and Care, Christina Fredengren Linguistic Incompossibility, Ruth Clemens Low Trophic Theory, Cecilia Åsberg and Marietta Radomska Manus Island and Manus Prison Theory, Omid Tofighian with Behrouz Boochani The Meltionary,Melt (Loren Britton and Isabel Paehr) Nauru Imprisoned Exiles Collective, Elahe Zivardar, also known as Ellie Shakiba (with Mehran Ghadiri) New Materialist Informatics, Goda Klumbyte and Claude Draude Norms, Fleur Johns Ontologised Plasticity, Zakkiyah Iman Jackson Organoids: arts, ethics, technology, Sarah Boers Parasitology, Rick Dolphijn Pattern Discrimination, Clemens Apprich Petroculture, Josephine Taylor Postcolonial and decolonial computing, Paula Chakravartty and Mara Mills Postcolonial Drone Scholarship, Sabiha Allouche Posthuman Agency, Simone Bignall Posthuman Care, Rosi Braidotti and Goda Klumbyte Posthuman Data, Jannice Käll Posthuman Feminist Aesthetics, Nina Lykke Posthuman International Law and Outer Space, Emily Jones and Rosi Braidotti Post-humanitarian law, Matilda Arvidsson Posthuman Nursing, Jamie B. Smith Posthuman Publics, Fiona Hillary Posthumanism and Design, Laura Forlano Proxy Reasoning, Olga Goriunova Queer Death Studies, Marietta Radomska and Nina Lykke Racialising Assemblages, Ezekiel Dixon-Román Relational Sovereignty, Simone Bignall Rights of Nature, Emily Jones Side-channel Attack, Matthew Fuller Surface Orientations, Nishat Awan Surrogacy, Sophie Lewis Swarm warfare, Lauren Wilcox Syndemic, Joni Adamson and Steven Hartman Toxic Embodiment, Cecilia Åsberg Transcorporiality II: Covid-19 and Climate Change, Stacy Alaimo Transjectivity, Christine Daigle Undead, Julieta Aranda and Eben Kirksey Vibrant Death, Nina Lykke Viral, Filipa Ramos Weird, Gry Ulstein Cumulative Bibliography

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Book SynopsisTrade Review"[We] are lucky to have, in book form, an essay on legal interpretation by Justice Scalia...[He] projects a sanguine humor through a robust prose enlivened by sly sallies against what he sees as the gaps in logic of the opposing camp. He is anything but the angry justice of popular myth."--John O. McGinnis, Wall Street Journal "[T]he Supreme Court's highest-profile conservative ... Suggest[s] we ought to junk judicial review as we have known it... The reason, I think, is that Scalia objects not merely to certain decisions of this or prior Courts but to judicial review, American-style, in its entirety. His central aim as a jurist has been to get the federal courts out of the business of adjudicating individual rights."--Garrett Epps, The Nation "As this ... book makes clear, Scalia deserves respect for having redefined the mainstream of constitutional discourse, and in a substantially useful way."--Jeffrey Rosen, New Republic "Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."--Walter Barthold, New York Law Journal "Love him or hate him (it's hard to imagine a neutral opinion), Scalia is a brilliant and engaging writer. This tantalizing short debate with his equally brilliant critics shows just how radical our most conservative justice is."--Kathleen Kahn, San Francisco Chronicle "Justice Scalia's well-written and patiently explained theory, augmented and challenged by the commentaries of four scholars, will fascinate and enlighten even those readers, and they are many, whom it does not convince... Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."--Walter Barthold, The Lawyer's Bookshelf "Antonin Scalia... confronts four high-powered critics in a short book for the general public--perhaps the first time a sitting justice of the Supreme Court has done so. This is a book for anyone with a serious interest in law and the Constitution."--Carl M. Dibble, Detroit News "As the most intellectually consistent and stylistically gifted member of the Supreme Court, Scalia has never hidden his enthusiasm for the American tradition of mistrusting courts and lawyers. The basics of his judicial philosophy are now usefully collated into this volume... Scalia's arguments have shaped the debate in our time; he has gone a long way toward changing how judges interpret the letter of the law."--David Franklin, Slate "[Scalia] is formidably persuasive, by turns seductive, fierce, funny, charming--and always brilliant."--Paul Reidinger, American Bar Association Journal "A Matter of Interpretation demonstrates both the attraction of Scalia's 'textualist' theory and his qualities as a judicial statesman... [His] elegant essay, the most concise and accessible presentation of his views, argues eloquently that judicial authority can only be based on the statutory or constitutional text."--Michael Greve, Reason "An essential volume."--Noah Feldman, Bloomberg View "Whether you agree with [Scalia's] views or not, it is hard to think of any other recent Supreme Court justice who has made a comparably great contribution to debates over both statutory interpretation and constitutional theory."--Ilya Somin, Washington Post "Scalia was a transformative jurist, one worthy of great admiration... Suffice it to say that in spite of our disagreements, I invariably found Justice Scalia's thinking and prodding to be brilliantly generative of important insights into the way law and legal interpretation ought to proceed."--Laurence H. Tribe, Globe and Mail "A Matter of Interpretation is a must read... It was [Scalia's] overall approach to judicial decision-making that inspired a generation of young lawyers and will serve as his most lasting legacy."--Kevin P. Martin, New Boston Post

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Book Synopsis

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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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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 SynopsisThe book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.Trade Review... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *Table of ContentsIntroduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation

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Book SynopsisTwo fish are swimming in a pond. ''Do you know what?'' the fish asks his friend. ''No, tell me.'' ''I was talking to a frog the other day. And he told me that we are surrounded by water!'' His friend looks at him with great scepticism: ''Water? Whats that? Show me some water!'' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up ''the water'' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.Trade ReviewThe book successfully makes international law theories - or better, 'different ways of thinking about international law' - accessible and relatable ... If, as Bianchi states, the mission is to 'stir up the water that we, as international lawyers, swim in' and encourage more lawyers to interrogate their perceptions of what 'water' even is, then this book might be read as a seductive enticement to get our feet soaking wet. * Hemy Mistry, The Modern Law Review *[A] profound exposition of the intellectual underpinnings of an entire discipline from a scholar whose familiartity with the material is unparalleled. ... International Law Theories is an essential reference point for anyone interested in serious international legal scholarship. It is also a remarkably enjoyable read. In no other single volume is such a breadth of critical material on this vast subject orchestrated with this level of clarity and perception - a truly indispensable resource. * David Collins, Melbourn Journal of International Law *[A]n insightful introduction and inquiry into theoretical thinking in general, and international law theory in particular ... It has the potential to successfully encourage its readers not only to 'think about law' but also to 'think about thinking about law'. * Dana Burckardt, British Yearbook of International Law *Table of ContentsIntroduction ; I. Traditional Approaches ; II. Constitutionalism ; III. Marxism ; IV. The New Haven School and Policy-oriented Jurisprudence ; V. International Relations Theory ; VI. Social Science Methodology ; VII. Critical Legal Studies ; VIII. Helsinki School ; IX. Feminist Approaches ; X. 'Third World' Approaches ; XI. Legal Pluralism ; XII. Social Idealism ; XIII. Law and Economics ; XIV. Law and Literature

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Book SynopsisIn this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel''s legal philosophy, the author exhibits this synthesis in each of transactional law''s main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fieTrade ReviewBy translating the theoretical content of Hegel's Philosophy of Right into a modern idiom, by applying Hegel's political theory to the detail of modern common law doctrine, and by using that theory to critique and relativize the leading schools of legal theory in each of the main branches of law, Brudner has made an unrivalled contribution to legal theory. * Peter Ramsay, London School of Economics and Political Science, Critical Analysis of Law *The publication of a revised edition of Alan Brudner's The Unity of the Common Law deserves an intellectual celebration. Brudner's book is a tour de force of Hegelian jurisprudence. It offers a profound-and profoundly challenging-account of private law (or, as he calls it, transactional law) in its entirety as well as no less ambitious accounts of the nature of both adjudication and legal theory, and a harsh critique of both formalism and functionalism. * Hanoch Dagan, Tel Aviv University, Critical Analysis of Law *Table of ContentsPART 1; PART 2; PART 3

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Book SynopsisDevelopments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children''s rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technolTable of Contents1: Power 2: Rights 3: Respect 4: Friendship 5: Responsibility 6: Truth 7: Community

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Book SynopsisInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one''s interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. Trade ReviewThere is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice *Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal *Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal *This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law *Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *Table of ContentsPreface by James Crawford Introduction 1: Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law 2: Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle The Object 3: Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law 4: Duncan B Hollis: The Existential Function of Interpretation in International Law 5: Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished The Players 6: Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration 7: Michael Waibel: Interpretive Communities in International Law 8: Gleider Hernández: Interpretative Authority and the International Judiciary The Rules 9: Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties 10: Julian Arato: Accounting for Difference in Treaty Interpreation Over Time 11: Anne-Marie Carstens: Interpreting Transplanted Treaty Rules The Strategies 12: Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation 13: Harlan Grant Cohen: Theorizing Precedent in International Law 14: René Provost: Interpretation in International Law as a Transcultural Project Playing the Game of Game-Playing 15: Jens Olesen: Towards a Politics of Hermeneutics 16: Martin Wählisch: Cognitive Frames of Interpretation in International Law 17: Ingo Venzke: Is Interpretation in International Law a Game? Conclusion 18: Philip Allott: Interpretation- an Exact Art

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