Methods, theory and philosophy of law Books

Book SynopsisThis innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property.Trade Review'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' --Lee Anne Fennell, University of Chicago Law School'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivise assessors.' --Daniel L. Rubinfeld, University of California, Berkeley'Drawing upon both prior research and cutting-edge data, Private Property and Takings Compensation offers an evaluation of assorted compensation strategies that should prove invaluable particularly to government policymakers and litigators.' --The Midwest Book ReviewTable of ContentsContents: Foreword by Richard Epstein Introduction Part I: Theoretical Framework 1. A New Analytical Framework 2. Condemnors: Three Behavioral Theories 3. Condemnees: Four Types of Incentives 4. Four Assessment Methods Part II: Empirical Analysis 5. Taiwan 1977–2009 and Condemnors’ Incentives 6. Taiwan 1954–77 and Condemnees’ Incentives 7. Settled Compensation in New York City and the Power of Hedonic Regression Models 8. Adjudicated Compensation in New York City and the Failure of Appraisal Methods Conclusion References Index

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Book SynopsisA classic Marxist study of jurisprudence theory from Marxist heavyweight.Trade Review'If any one book is going to accelerate the development of a Marxist criminology, then this is it' -- New Society

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Book SynopsisTrade Review‘The radical nature of Michael Perry’s “agapaistic” conceptualization of human rights seems at once intuitive, but somehow to have eluded the vast majority of commentators, particularly those with a legal background. Students and seasoned scholars alike will benefit from this return to the foundational ideas and claims of the human rights idea.’ -- Dustin Sharp, University of San Diego, US‘Few scholars have understood the philosophy and application of human rights as well as Michael Perry. In this volume, with his customary clarity and care, Perry has boiled his insights down to their essence and demonstrated their utility in dealing with some of the most controversial moral issues of our time. It is a capstone work, indispensable reading for anyone who cares about the subject.’ -- Richard Kay, University of Connecticut, US‘All interested in human rights in both the international and US contexts should read this book. It is a creative treatment of legal and philosophical approaches. Perry’s stress on the spirit of solidarity as key to promoting human rights is a powerful contribution.’ -- David Hollenbach, Georgetown University, US‘Michael Perry’s lifelong project has been to give a philosophical account of human rights, beginning with its foundational basis and ending with specific prescriptions for controversial cases. His writing combines spectacular intellectual ambition, moral urgency, and rigor in a way that should be a model for all scholars.’ -- Andrew Koppelman, Northwestern University, USTable of ContentsContents: Introduction: Interrogating the morality of human rights – Introductory overview PART I THE MORALITY OF HUMAN RIGHTS 1. Preliminary questions 2. The most fundamental question: What justification, if any? PART II TWO FUNDAMENTAL HUMAN RIGHTS: MORAL EQUALITY AND MORAL FREEDOM 3. The human right to moral equality and the constitutional right to equal protection 4. The human right to moral freedom and the constitutional right of privacy PART III THREE HUMAN-RIGHTS-BASED CONTROVERSIES: CAPITAL PUNISHMENT, ABORTION, AND SAME-SEX MARRIAGE 5. Capital punishment as a contested human rights issue 6. Criminalizing abortion as a contested human rights issue 7. Excluding same-sex couples from civil marriage as a contested human rights issue 8. Who decides? PART IV ANTIPOVERTY RIGHTS—AND VULNERABILITY THEORY 9. Poverty as a human rights issue 10 Vulnerability theory and the morality of human rights: Complementary, not competitive Conclusion: Human rights inflation? Extreme economic inequality and global warming as human rights issues Appendix. Index

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Book SynopsisTrade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index

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Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index

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Book SynopsisThis Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.Trade Review‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’ -- The Hon Justice Dennis Davis, The South African Law Journal‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’ -- William Clare Roberts, McGill University, Canada‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’ -- Marcello Musto, York University, CanadaTable of ContentsContents: 1 Introduction to the Research Handbook on Law and Marxism 1 Paul O’Connell and Umut Özsu PART I MARX AND THE MARXIST TRADITION 2 Legal and illegal political tactics in Marxist political theory 6 Clyde W Barrow 3 Marx on the Factory Acts: Law, exploitation, and class struggle 21 Daniel McLoughlin and Talina Hürzeler 4 ‘Putting weapons into the hands of the proletariat’: Marx on the contradiction between capitalism and liberal democracy 35 August H Nimtz 5 Marx’s concept of dictatorship 61 Cosmin Sebastian Cercel 6 Revolution, Lenin, and law 77 Michael Head 7 Marx, Engels, Lenin, and the right of peoples to self-determination in international law 98 Bill Bowring 8 Pashukanis’ commodity-form theory of law 115 Matthew Dimick 9 Thinking in a Gramscian way: Reflections on Gramsci and law 139 Pablo Ciocchini and Stéfanie Khoury 10 Poulantzas’ changing views on law and the state 156 Bob Jessop 11 The state as social relation: Poulantzas on materiality and political strategy 173 Rafael Khachaturian PART II CONTEMPORARY MARXIST ANALYSIS OF LAW, RIGHTS AND THE STATE 12 Marx’s critique and the constitution of the capitalist state 190 Rob Hunter 13 Marx and critical constitutional theory 209 Nimer Sultany 14 The reproduction of moral economies in capitalism: Reading Thompson structurally 242 Nate Holdren 15 Law and the state in Frankfurt School critical theory 261 Chris O’Kane 16 Feminist materialism and the laws of social reproduction 283 Miriam Bak McKenna 17 Marxism, labour and employment law, and the limits of legal reform in class society 299 Ahmed White 18 Karl Marx, Douglass North, and postcolonial states: The relation between law and development 319 BS Chimni 19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and international law 335 Radha D’Souza 20 Taking political economy seriously: Grundriss for a Marxist analysis of international law 356 Rémi Bachand 21 From class-based project to imperial formation: European Union law and the reconstruction of Europe 375 Eva Nanopoulos PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS 22 From free time to idle time: Time, work-discipline, and the gig economy 400 Rebecca Schein 23 Greening anti-imperialism and the national question 421 Max Ajl 24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444 Enzo Bello, Gustavo Capela, and Rene José Keller 25 The poetry of the future: Law, Marxism, and social change 458 Paul O’Connell 26 Nomocratic social change: Reassessing the transformative potential of law in neoliberal times 477 Honor Brabazon 27 Beyond fetishism and instrumentalism: Rethinking Marxism and law under neoliberalism 497 Igor Shoikhedbrod 28 Law and the socialist ideal 512 Christine Sypnowich 29 Marx on law and method 529 Natalia Delgado 30 Principles for a dialectical-materialist analysis of law and the state 544 Dimitrios Kivotidis Index

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Book SynopsisThis groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.Trade Review‘Standing on top of Mount Olympus as well as in the valley below, over the last decade or so Jean d’Aspremont has been creating a genre all his own, best seen as ‘confessional phenomenology’ perhaps. He is not unique in looking at what (mostly academic) international lawyers do, but where others look at how international lawyers contribute to justice or injustice, oppression or emancipation, d’Aspremont turns his gaze inward, reflecting on what drives those international lawyers, including (and occasionally especially) himself. The result, here as elsewhere, is insightful and sometimes infuriating, eye-opening and occasionally trivial, with lots of ideas to explore and some to disagree with. In other words, The Experiences of International Organizations is vintage d’Aspremont.’ -- Jan Klabbers, University of Helsinki, Finland‘The phenomenological approach to law fits in with the latest scholarly insights and trends. It is therefore timely to provide a subjective, experiential perspective on what is perceived by many as the sturdiest and most objective of all legal occurrences: the international organisation. This book carefully lays out such a phenomenological perspective, with the author’s signature combination of eloquence and analytical rigour. A must-read for anyone who wishes to keep ahead in international (institutional) law scholarship.’ -- Catherine Brölmann, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface viii Introduction: A phenomenological approach to international institutional law 1 The experience of affection 2 The experience of insulation 3 The experience of edification 4 The experience of restriction 5 The experience of reconciliation Epilogue Bibliography Index

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Book SynopsisTrade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index

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Book SynopsisTrade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index

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Book SynopsisThe articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars Trade Review"This is an outstanding collection of essays on the most important, fundamental concepts of law and legal theory.... Recommended for any undergraduate student in this area or for any thinking person who wants to know more about the law and its reasons for being." (M/C Reviews, February 2011)Table of ContentsList of Contributors xi Preface xiv Introduction 1 Part I: Areas of Law 7 1 Property Law 9Jeremy Waldron 2 Contract 29Peter Benson 3 Tort Law 64Stephen R. Perry 4 Criminal Law 90Leo Katz 5 Public International Law 103Philip Bobbitt 6 Constitutional Law and Religion 119Perry Dane 7 Constitutional Law and Interpretation 132Philip Bobbitt 8 Constitutional Law and Privacy 145Anita L. Allen 9 Constitutional Law and Equality 160Maimon Schwarzschild 10 Evidence 177John Jackson and Sean Doran 11 Interpretation of Statutes 188William N. Eskridge, Jr. 12 Confl ict of Laws 197Perry Dane Part II: Contemporary Schools and Perspectives 209 13 Natural Law Theory 211Brian Bix 14 Legal Positivism 228Jules L. Coleman and Brian Leiter 15 American Legal Realism 249Brian Leiter 16 Critical Legal Studies 267Guyora Binder 17 Postrealism and Legal Process 279Neil Duxbury 18 Feminist Jurisprudence 290Patricia Smith 19 Law and Economics 299Jon Hanson, Kathleen Hanson, and Melissa Hart 20 Legal Formalism 327Ernest J. Weinrib 21 German Legal Philosophy and Theory in the Nineteenth and Twentieth Centuries 339Alexander Somek 22 Marxist Theory of Law 350Alan Hunt 23 Deconstruction 361Jack M. Balkin 24 Law and Society 368Brian Z. Tamanaha 25 Postmodernism 381Dennis Patterson 26 Kantian Legal Philosophy 392Arthur Ripstein 27 Legal Pragmatism 406Richard Warner Part III: Topics and Disciplines 415 28 Law and Its Normativity 417Roger A. Shiner 29 Law and Literature 446Thomas Morawetz 30 The Duty to Obey the Law 457M. B. E. Smith 31 Legal Enforcement of Morality 467Kent Greenawalt 32 Indeterminacy 479Lawrence B. Solum 33 Precedent 493Larry Alexander 34 Punishment and Responsibility 504George P. Fletcher 35 Loyalty 513George P. Fletcher 36 Coherence 521Ken Kress 37 The Welfare State 539Sanford Levinson 38 Legal Scholarship 548Edward L. Rubin 39 Authority of Law 559Vincent A. Wellman 40 Analogical Reasoning 571Jefferson White 41 Risk 578John Oberdiek 42 Regulatory Theory 590Matthew D. Adler 43 Methodology 607Andrew Halpin 44 Overcriminalization 621Douglas Husak 45 Intention 632Kimberly Kessler Ferzan 46 Coercion 642Grant Lamond 47 Unjust Enrichment 654Ernest J. Weinrib 48 The Ideal of the Rule of Law 666Andrei Marmor Index 675

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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. Source Acknowledgments. Introduction. Part I: Legal Reasoning. Introduction. 1. An Introduction to Legal Reasoning (Edward H. Levi). 2. Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed (Karl N. Llewellyn). 3. Formalism (Frederick Schauer). 4. Incompletely Theorized Agreements (Cass R. Sunstein). 5. Custom, Opinio Juris, and Consent (Larry May). 6. Lochner v. New York (1905). Part II: Jurisprudence. Introduction. 7. The Concept of Law (H. L. A. Hart). 8. The Model of Rules I (Ronald Dworkin). 9. Law as Justice (Michael S. Moore). 10. The Economic Approach to Law (Richard A. Posner). 11. The Distinction between Adjudication and Legislation (Duncan Kennedy). 12. Critical Race Theory: The Key Writings that Formed the Movement (Kimberlé Crenshaw, Neil Gotanda, Gary Peller, Kendall Thomas). 13. Feminist Legal Critics: The Reluctant Radicals (Patricia Smith). 14. Riggs v. Palmer (1889). Part III: International Law. Introduction. 15. International Law (H. L. A. Hart). 16. The Nature of Jus Cogens (Mark W. Janis). 17. A Philosophy of International Law (Fernando R. Tesón). 18. The Limits of International Law (Jack L. Goldsmith, Eric A. Posner). 19. The Internal Legitimacy of Humanitarian Intervention (Allen Buchanan). 20. Humanitarian Intervention: Problems of Collective Responsibility (Larry May). 21. Humanitarian Intervention: Some Doubts (Burleigh Wilkins). 22. Prosecutor v. Tadić (1995). Part IV: Property. Introduction. 23. Of Property (John Locke). 24. Locke's Theory of Acquisition (Robert Nozick). 25. Property, Title, and Redistribution (A. M. Honoré). 26. Philosophical Implications (Richard A. Epstein). 27. The Social Structure of Japanese Intellectual Property Law (Dan Rosen, Chikako Usui). 28. Historical Rights and Fair Shares (A. John Simmons). 29. International News Service v. Associated Press (1918). Part V: Torts. Introduction. 30. Causation and Responsibility (H. L. A. Hart, A. M. Honoré). 31. Sua Culpa (Joel Feinberg). 32. Fairness and Utility in Tort Theory (George P. Fletcher). 33. Tort Liability and the Limits of Corrective Justice (Jules L. Coleman). 34. A Theory of Strict Liability (Richard A. Epstein). 35. The Question of a Duty to Rescue in Canadian Tort Law: An Answer From France (Mitchell McInnes). 36. Tarasoff v. Regents of University of California (1976). Part VI: Criminal Law. Introduction. 37. On Liberty (John Stuart Mill). 38. The Enforcement of Morals (Patrick Devlin). 39. Crime and Punishment: An Indigenous African Experience (Egbeke Aja). 40. The Mind and the Deed (Anthony Kenny). 41. Between Impunity and Show Trials (Martti Koskenniemi). 42. Atrocity, Punishment, and International Law (Mark Drumbl). 43. Defending International Criminal Trials (Larry May). 44. Opening Statement before the International Military Tribunal (1945) (Justice Robert H. Jackson). Part VII: Contracts. Introduction. 45. Of the First and Second Natural Laws, and of Contracts (Thomas Hobbes). 46. The Practice of Promising (P. S. Atiyah). 47. Contract as Promise (Charles Fried). 48. Legally Enforceable Commitments (Michael D. Bayles). 49. Unconscionability and Contracts (Alan Wertheimer). 50. South African Contract Law: The Need for a Concept of Unconscionability (Lynn Berat). 51. Williams v. Walker-Thomas Furniture Co. (1965). Part VIII: Constitutional Law. Introduction. 52. Constitutional Cases (Ronald Dworkin). 53. Does the Constitution Mean What It Always Meant? (Stephen R. Munzer, James W. Nickel). 54. What’s Wrong with Chinese Rights? Toward a Theory of Rights with Chinese Characteristics (R. P. Peerenboom). 55. Poverty and Constitutional Justice: The Indian Experience ( Jeremy Cooper). 56. Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland (Rory O'Connell). 57. Peremptory Norms as International Public Order (Alexander Orakhelashvili). 58. The Gender of Jus Cogens (Hilary Charlesworth and Christine Chinkin). 59. Plessy v. Ferguson (1892).

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Book SynopsisOriginally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.Table of ContentsI. Philosophy as JurisprudenceII. PlatoIII. AristotleIV. CiceroV. AquinasVI. Francis BaconVII. HobbesVIII. SpinozaIX. LeibnizX. LockeXI. HumeXII. KantXIII. FichteXIV. HegelXV. Jurisprudence as PhilosophyIndex of Proper NamesIndex of Subjects

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Book SynopsisThe Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena.Trade Review'Larwin Armstrong is to be praised for providing us with a valuable scholarly edition of Gerard's influential work.' -- Stephen H. Rigby Economic History Review vol 69:04:2016Table of ContentsPreface and Acknowledgements Introduction Abbreviations Edition Quaestio de usura Tractatus de restitution Quaestio de praescriptione Translation A Question on Usury A Treatise on Restitution A Question on Prescription Bibliography

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Book SynopsisKamari Maxine Clarke explores the African Union's pushback against the International Criminal Court in order to theorize affect's role in shaping forms of justice.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a signifi­cant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337

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Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School

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Book SynopsisIn Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This temporal justice is examined in ten controversial casesTrade Review"Justice Back and Forth: Duties to the Past and Future provides an excellent overview of issues faced when thinking about temporal justice. By addressing interesting and somewhat well-known problems, Richard Vernon exposes the reader to the current academic theory and literature on the topic, and adeptly links together considerations and solutions for both past and future conceptions of temporal justice." -- Brad Smith * Saskatchewan Law Review *"Embracing several philosophical sub-disciplines—political philosophy, ethics, and applied ethics – this book is an excellent exploration of the complexities of philosophical topics that are not often thought of together." -- Christine Overall, Queen's University * Journal of Moral Philosophy, vol 16 *Table of ContentsIntroduction Part I: Looking Back 1. Should We Worry About Presentism? 2. The Question of [Anyone's] Guilt: Collective Liability to Punishment 3. For Benefits Received 4. Giving Back: The Case of Stolen Art 5. Bad Memories Part II: Going Forth 6. The Prior Question: Assessing the Benatar Thesis 7. Coming to Terms with Yoder 8. Only Egalitarians May Have Children 9. If the Future is a Foreign Country... 10. The Rights of Past and Future Persons Conclusion

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Book SynopsisThe law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.Table of ContentsIntroduction: Setting the Scene of the Law School and the Discipline 1. Theories of Decolonisation or to Break All the Tables and Create the World Necessary for Us All to Survive 2. What Have You Done, Where Have You Been, Euro-Modern Legal Academe? Uncovering the Bones of Law’s Colonial Ontology 3. Defining the Law’s Subject I: (Un)Making the Wretched of the Earth 4. Defining the Law’s Subject II: Law and Creating the Sacrifice Zones of Colonialism 5. Defining the Law’s Subject III: Law, Time, and Colonialism’s Slow Violence 6. The Law School: Colonial Ground Zero – A Colonial Convergence in the Human and Space–Time Conclusion: Another University Is Necessary to Take Us towards Pluriversal Worlds

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Book SynopsisThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.Table of ContentsIntroduction Chapter 1: What’s Wrong with Aristotle? Chapter 2: Problematizing Aristotle: Renovating and Remodeling Traditional Legal Rhetoric Chapter 3: Shifting the Focus from the West Chapter 4: Multicultural Rhetorics Chapter 5: Reproducing the Canon, Reproducing Inequity (Traditional Rhetoric) Chapter 6: Interrupting the Canon Chapter 7: Disrupting the Canon: Multicultural Rhetorical Strategies in Action

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Book SynopsisThis book engages with the politics of social and environmental justice, and seeks new ways to think about the future of urbanization in the twenty-first century. It establishes foundational concepts for understanding how space, time, place and nature - the material frames of daily life - are constituted and represented through social practices, not as separate elements but in relation to each other. It describes how geographical differences are produced, and shows how they then become fundamental to the exploration of political, economic and ecological alternatives to contemporary life. The book is divided into four parts. Part I describes the problematic nature of action and analysis at different scales of time and space, and introduces the reader to the modes of dialectical thinking and discourse which are used throughout the remainder of the work. Part II examines how "nature" and "environment" have been understood and valued in relation to processes of social change and seeks, from this basis, to make sense of contemporary environmental issues. Part III, is a wide-ranging discussion of history, geography and culture, explores the meaning of the social "production" of space and time, and clarifies problems related to "otherness" and "difference". The final part of the book deploys the foundational arguments the author has established to consider contemporary problems of social justice that have resulted from recent changes in geographical divisions of labor, in the environment, and in the pace and quality of urbanization. Justice, Nature and the Geography of Difference speaks to a wide readership of students of social, cultural and spatial theory and of the dynamics of contemporary life. It is a convincing demonstration that it is both possible and necessary to value difference and to seek a just social order.Trade Review Table of ContentsThoughts for a Prologue. Introduction. Part I: Orientations. 1. Militant Particularism and Global Ambition. 2. Dialectics. 3. A Cautionary Tale on Internal Relations. 4. The Dialectics of Discourse. 5. Historical Agency and the Loci of Social Change. Part II: The Nature of Environment. Prologue. 6. The Domination of Nature and its Discontents. 7. Valuing Nature. 8. The Dialectics of Social and Environmental Change. Part III: Space, Time and Place. Prologue. 9. The Social Construction of Space and Time. 10. The Currency of Space-Time. 11. From Space to Place and Back Again. Part IV: Justice, Difference and Politics. Prologue. 12. Class Relations, Social Justice and the Political Geography of Difference. 13. The Environment of Justice. 14. Possible Urban Worlds. Thoughts for an Epilogue. Bibliography. Index.

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Book SynopsisClimate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice s starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.'- J.B. Ruhl, Vanderbilt University Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. YuTrade ReviewThe book will be a sought after reference work in libraries worldwide. . . has an excellent index and has been scrupulously edited. It will serve as a useful reference for students and professors teaching indigenous peoples' rights and climate change. - --Paul Havemann, Journal of Environmental LawTable of ContentsContents: Foreword Stacy Leeds PART I: INTRODUCTORY CONTEXT AND PRINCIPLES 1. Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples Randall S. Abate and Elizabeth Ann Kronk 2. Introduction to International and Domestic Climate Change Regulation Deepa Badrinarayana 3. Introduction to Indigenous Peoples’ Status and Rights under International Human Rights Law Lillian Aponte Miranda 4. Introduction to Indigenous Sovereignty under International and Domestic Law Eugenia Charles-Newton and Elizabeth Ann Kronk 5. Climate Change and Indigenous Peoples: Comparative Models of Sovereignty Rebecca Tsosie 6. Indigenous Environmental Knowledge and Climate Change Adaptation Maxine Burkett PART II: GLOBAL PERSPECTIVES International Organizations 7. REDD+: Its Potential to Melt the Glacial Resistance to Recognize Human Rights and Indigenous Peoples’ Rights at the World Bank Leonardo A. Crippa South America 8. REDD+ and Indigenous Peoples in Brazil Andrew Long 9. REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries Philomena Kebec Lower 48 States of the United States of America 10. Natural Resource Development and Indigenous Peoples Sarah Krakoff and Jon-Daniel Lavallee 11. Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies Judith V. Royster Arctic 12. Canadian Indigenous Peoples and Climate Change: The Potential for Arctic Land Claims Agreements to Address Changing Environmental Conditions Sophie Thériault 13. America’s Arctic: Climate Change Impacts on Indigenous Peoples and Subsistence Peter Van Tuyn 14. The Saami Facing the Impacts of Global Climate Change Irina L. Stoyanova 15. Complexities of Addressing the Impacts of Climate Change on Indigenous Peoples through International Law Petitions: A Case Study of the Inuit Petition to the Inter-American Commission on Human Rights Hari M. Osofsky Pacific Island Nations 16. Climate Change, Legal Governance and the Pacific Islands: An Overview Erika J. Techera 17. Fiji: Climate Change, Tradition and Vanua Victoria Sutton 18. Islands in the Stream: Addressing Climate Change from a Small Island Developing State Perspective Clement Yow Mulalap 19. The Rising Tide of International Climate Litigation: An Illustrative Hypothetical of Tuvalu v. Australia Keely Boom Asia 20. The Impacts of Climate Change on Indigenous Populations in China and Legal Remedies Wenxuan Yu, Jingjing Liu and Po Dong 21. Changing Climate and Changing Rights: Exploring Legal and Policy Frameworks for Indigenous Mountain Communities in Nepal to Face the Challenges of Climate Change J. Mijin Cha Australia and New Zealand 22. Climate Change Impacts to Aboriginal and Torres Strait Islander Communities in Australia Megan Davis 23. Negotiating Climate Change: Māori, the Crown and New Zealand’s Emission Trading Scheme Naomi Johnstone Africa 24. Climate Change, Law and Indigenous Peoples in Kenya: Ogiek and Maasai Narratives Patricia Kameri-Mbote and Elvin Nyukuri Index

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Book SynopsisAlthough the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. This title contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models and then turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. It presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important.Trade Review‘A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.’ -- Daniel A. Farber, University of California at Berkeley, USTable of ContentsContents: Acknowledgements Introduction Lee Anne Fennell and Richard H. McAdams PART I FAIRNESS PREFERENCES AND CONSEQUENCES: POSITIVE ANALYSIS A Fairness Preferences and Beliefs 1. Matthew Rabin (1993), ‘Incorporating Fairness into Game Theory and Economics’ 2. Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis and Richard McElreath (2001), ‘In Search of Homo Economicus: Behavioral Experiments in 15 Small-Scale Societies’ 3. Pamela Jakiela (2011), ‘Social Preferences and Fairness Norms as Informal Institutions: Experimental Evidence’ 4. Armin Falk and Urs Fischbacher (2006), ‘A Theory of Reciprocity’ 5. Jeffrey P. Carpenter (2007), ‘The Demand for Punishment’ 6. Armin Falk, Ernst Fehr and Urs Fischbacher (2008), ‘Testing Theories of Fairness—Intentions Matter’ 7. Alberto Alesina and George-Marios Angeletos (2005), ‘Fairness and Redistribution’ B Consequences of Fairness and Unfairness 1. Effects on Prices, Bargaining and Settlement 8. Daniel Kahneman, Jack L. Knetsch and Richard Thaler (1986), ‘Fairness as a Constraint on Profit-Seeking: Entitlements in the Market’ 9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’ 10. Amy Farmer and Paul Pecorino (2004), ‘Pretrial Settlement with Fairness’ 2. Effects on Legal Compliance 11. Tom R. Tyler (1997), ‘Procedural Fairness and Compliance with the Law’ 12. Bruno S. Frey, Matthias Benz and Alois Stutzer (2004), ‘Introducing Procedural Utility: Not Only What, but Also How Matters’ 13. Marius van Dijke and Peter Verboon (2010), ‘Trust in Authorities as a Boundary Condition to Procedural Fairness Effects on Tax Compliance’ 14. Richard H. McAdams (2010), ‘Economic Costs of Inequality’ PART II. RECONCILING FAIRNESS AND EFFICIENCY: NORMATIVE ANALYSIS A. Frameworks and Tradeoffs 15. Amartya Sen (1996), ‘On the Foundations of Welfare Economics: Utility, Capability, and Practical Reason’ 16. Kenneth J. Arrow (1979), ‘The Trade-off Between Growth and Equity’ 17. Elizabeth Anderson (2008), ‘How Should Egalitarians Cope with Market Risks?’ B The ‘Fairness versus Welfare’ Debate 18. Louis Kaplow and Steven Shavell (1999), ‘The Conflict between Notions of Fairness and the Pareto Principle’ 19. Louis Kaplow and Steven Shavell (2001), ‘Any Non‐Welfarist Method of Policy Assessment Violates the Pareto Principle’ 20. Richard Craswell (2003), ‘Kaplow and Shavell on the Substance of Fairness’ 21. Jeremy Waldron (2003), ‘Locating Distribution’ 22. Lewis A. Kornhauser (2003), ‘Preference, Well‐Being, and Morality in Social Decisions’ 23. Louis Kaplow and Steven Shavell (2003), ‘Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice’ 24. Gillian K. Hadfield (2005), ‘Feminism, Fairness, and Welfare: An Invitation to Feminist Law and Economics’ C Redistributing Through Taxes versus Legal Rules 25. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 26. Christine Jolls (1998), ‘Behavioral Economics Analysis of Redistributive Legal Rules’ 27. Chris William Sanchirico (2000), ‘Taxes versus Legal Rules as Instruments for Equity: A More Equitable View’ 28. Louis Kaplow and Steven Shavell (2000), ‘Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income’ PART III. SELECTED APPLICATIONS A. Fairness and Efficiency in Policy Design 29. H. Peyton Young (1995), ‘Dividing the Indivisible’ 30. Matthew D. Adler (2008), ‘Risk Equity: A New Proposal’ 31. David Weisbach and Cass R. Sunstein (2009), ‘Climate Change and Discounting the Future: A Guide for the Perplexed’ B. Fairness and Efficiency Across Doctrinal Areas 1. Tax Policy 32. Boris I. Bittker (1979), ‘Equity, Efficiency, and Income Tax Theory: Do Misallocations Drive Out Inequities?’ 2. Property 33. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law’ 3. Contracts 34. Ernst Fehr, Oliver Hart and Christian Zehnder (2011), ‘Contracts as Reference Points – Experimental Evidence’ 4. Torts 35. Henrik Lando (1997), ‘An Attempt to Incorporate Fairness into an Economic Model of Tort Law’ 5. Criminal Law 36. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Fairness of Sanctions: Some Implications for Optimal Enforcement’ 6. Family Law 37. Jon Elster (1987), ‘Solomonic Judgments: Against the Best Interests of the Child’

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Book SynopsisThis collection brings together the key papers in the area of efficiency in law and economics. Alongside an original introduction, the collection covers the applications of economic efficiency to law and the limitations and morality of efficiency. This important book will appeal to anyone interested in the underlying welfare theory relating to the use of economics in law, examining both the history and impact of the theory, as well as its deficiencies.Table of ContentsContents: Acknowledgements Introduction The Development of Economic Efficiency in Law - Richard O. Zerbe Jr. PART I APPLICATIONS OF ECONOMIC EFFICIENCY TO LAW 1. Arnold C. Harberger (1971), ‘Three Basic Postulates for Applied Welfare Economics: An Interpretive Essay’ 2. Steven Shavell (1981), ‘A Note on Efficiency vs. Distributional Equity in Legal Rulemaking: Should Distributional Equity Matter Given Optimal Income Taxation?’ 3. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 4. Jonathan R. Macey and Maureen O’Hara (1999), ‘Regulating Exchanges and Alternative Trading Systems: A Law and Economics Perspective’ 5. Ugo Mattei (1994), ‘Efficiency in Legal Transplants: An Essay in Comparative Law and Economics’ 6. Alan Schwartz and Joel Watson (2004), ‘The Law and Economics of Costly Contracting’ PART II LIMITATIONS OF EFFICIENCY 7. Robert D. Cooter (1987), ‘Liberty, Efficiency, and Law’ 8. Homer Kripke (1985), ‘Law and Economics: Measuring the Economic Efficiency of Commercial Law in a Vacuum of Fact’ 9. Mario J. Rizzo (1979-1980), ‘The Mirage of Efficiency’ PART III UTILITARIANISM AND WEALTH MAXIMIZATION 10. Richard A. Posner (1979), ‘Utilitarianism, Economics, and Legal Thought’ 11. Anthony T. Kronman (1980), ‘Wealth Maximization as a Normative Principle’ 12. Richard A. Posner (1985), ‘Wealth Maximization Revisited’ PART IV MORALITY OF EFFICIENCY 13. Richard O. Zerbe, Jr. (2007), ‘The Legal Foundation of Cost-Benefit Analysis’ 14. Mark D. White (2006), ‘A Kantian Critique of Neoclassical Law and Economics’ 15. Russell Hardin (1992), ‘The Morality of Law and Economics’ 16. Richard O. Zerbe, Jr. (2006), ‘Justice and the Evolution of Common Law’ PART V OTHER CONCEPTS OF EFFICIENCY 17. John Rawls (1958), ‘Justice as Fairness’ 18. Amartya Sen (1993), ‘Capability and Well-Being’ 19. Guido Calabresi (1991), ‘The Pointlessness of Pareto: Carrying Coase Further’ 20. Jonathan Klick and Francesco Parisi (2004), ‘Wealth, Utility, and the Human Dimension’ 21. Richard O. Zerbe, Jr. (1998), ‘Response: An Integration of Equity and Efficiency’

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Book Synopsis'A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.' - Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The Editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.Contributors: M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernández, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. WoodwardTrade ReviewIf any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today. --Jacob Katz Cogan, University of Cincinnati College of LawBased on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international law-making. They do so by studying the various sources of international law; the role of a multitude of possible law-makers, and by exploring several deeply regulated branches of international law. The result is a very useful handbook on how and by whom international law is made. --Jan Klabbers, University of Helsinki, FinlandDespite much recent scholarly attention, the ''making of international law'' remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research. --Christian J. Tams, University of Glasgow, UKTable of ContentsContents: Preface Introduction: International Lawmaking in a Global World Catherine Brölmann and Yannick Radi PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING 1. State Consent as Foundational Myth Wouter G. Werner 2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating Processes Jean d’Aspremont 3. Transnational Lawmaking Dennis Patterson 4. Contemporary Theories and International Lawmaking Ingo Venzke PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING 5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts Kirsten Schmalenbach 6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in Practice Daniel Costelloe and Malgosia Fitzmaurice 7. The Emergence of Customary International Law: Between Theory and Practice Omri Sender and Michael Wood 8. Relying on General Principles in International Law Beatrice I. Bonafé and Paolo Palchetti PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE 9. Institutional Lawmaking: The Emergence of a Global Normative Web Ramses A. Wessel 10. International Judicial Lawmaking Gleider I. Hernández 11. Domestic Judicial Lawmaking Antonios Tzanakopoulos 12. Quasi-Judicial Bodies Mara Tignino 13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation Michael S. Barr 14. International Lawmaking and Civil Society Barbara K. Woodward 15. Lawmaking by Scholars Jörg Kammerhofer PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS 16. The Making of International Human Rights Law Vassilis P. Tzevelekos 17. The Making of International Criminal Law Sergey Vasiliev 18. The Making of International Trade Law Mary E. Footer 19. The Making of International Environmental Law Francesca Romanin Jacur 20. The Making of International Natural Resources Law Owen McIntyre Index

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Book SynopsisThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated 'We'. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.'- Bernhard Waldenfels, Ruhr-University Bochum, GermanyLegal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.Addressing advanced students in law and philosophy, this key book:- bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)- develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between 'we' and 'the others'- presents a systematic account of normativity and validity- explains in what sense law is 'doing things with rules'.Contents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography IndexTrade Review‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’ -- Bernhard Waldenfels, Ruhr-University Bochum, GermanyTable of ContentsContents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography Index

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Book SynopsisThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated 'We'. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.'- Bernhard Waldenfels, Ruhr-University Bochum, GermanyLegal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.Addressing advanced students in law and philosophy, this key book:- bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)- develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between 'we' and 'the others'- presents a systematic account of normativity and validity- explains in what sense law is 'doing things with rules'.Contents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography IndexTrade Review‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’ -- Bernhard Waldenfels, Ruhr-University Bochum, GermanyTable of ContentsContents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography Index

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Book SynopsisIntellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book.Steven Ang builds his idea that the justification for IPRs is bound up with a simultaneous duty to share part of that intellectual resource through public rights of access and a public domain which is facilitated by the moral elements in the various dimensions of IPR.In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the moral commitments they imply and rely on, to identify a framework for further development and reform of IP regimes.The Moral Dimensions of Intellectual Property Rights will strongly appeal to researchers and academics in intellectual property, jurisprudence, policy makers concerned with IP rights, as well as general readers with a concern for the extent, growth and reform of IP rights.Contents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography IndexTrade ReviewProfessor Ang's thoughtful book is the first comprehensive analysis of the philosophic underpinnings of the morality clauses contained in the principal IPR statutes. Morality issues in intellectual property are becoming increasingly important as a consequence of the recent debates over access to proprietary medicines, the implications of DNA patenting for medical treatment and the impact of IPRs on food security. Professor Ang's book provides an important touchstone for consideration of these issues. --Michael Blakeney, University of Western AustraliaTable of ContentsContents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography Index

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Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index

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Book SynopsisThe economic approach to law relies on the use of economic models, mostly mathematical, for understanding the nature and function of law. The articles in this collection reflect state-of-the-art modeling techniques and explore how to use these to both formulate important questions and resolve particular legal issues. Following an original introduction by the editors, the volume spans the many sub-areas of law and economics (with papers in torts, contracts, property, crime, and legal procedure) and includes a wide range of papers, incorporating classics and some less well-known papers.Economic Models of Law will be an invaluable resource for active scholars as well as an inspiration for the next generation of modelers.Trade Review‘The extent of the research and co-ordination required to produce a scholarly compilation like this is astounding. There is little doubt that this book will make life just a touch easier for students and academics in economics and law, as well as, yes, modellers.’ -- The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction Thomas J. Miceli and Matthew J. Baker PART I GENERAL 1. Robert Cooter (1985), ‘Unity in Tort, Contract, and Property: The Model of Precaution’ 2. Donald Wittman (1981), ‘Optimal Pricing of Sequential Inputs: Last Clear Chance, Mitigation of Damages, and Related Doctrines in the Law’ PART II TORTS 3. A. Mitchell Polinsky and William P. Rogerson (1983), ‘Products Liability, Consumer Misperceptions, and Market Power’ 4. Steven Shavell (1984), ‘A Model of the Optimal Use of Liability and Safety Regulation’ 5. Keith N. Hylton (1990), ‘The Influence of Litigation Costs on Deterrence Under Strict Liability and Under Negligence’ 6. Kathryn E. Spier (2011), ‘Product Safety, Buybacks, and the Post-Sale Duty to Warn’ PART III CONTRACTS 7. Russell Cooper and Thomas W. Ross (1985), ‘Product Warranties and Double Moral Hazard’ 8. Steven Shavell (1994), ‘Acquisition and Disclosure of Information Prior to Sale’ 9. Yeon-Koo Che and Tai-Yeong Chung (1999), ‘Contract Damages and Cooperative Investments’ PART IV PROPERTY 10. Dean Lueck (1995), ‘The Rule of First Possession and the Design of the Law’ 11. Mathew J. Baker (2003), ‘An Equilibrium Conflict Model of Land Tenure in Hunter-Gatherer Societies’ 12. Matthew Baker and Thomas J. Miceli (2005), ‘Land Inheritance Rules: Theory and Cross-Cultural Analysis’ 13. Lawrence Blume, Daniel L. Rubinfeld and Perry Shapiro (1984), ‘The Taking of Land: When Should Compensation Be Paid?’ 14. Thomas J. Miceli and Kathleen Segerson (1994), ‘Regulatory Takings: When Should Compensation Be Paid?’ 15. William M. Landes and Richard A. Posner (1989), ‘An Economic Analysis of Copyright Law’ 16. Paul Klemperer (1990), ‘How Broad Should the Scope of Patent Protection Be?’ PART V CRIME 17. Gary Becker (1968), ‘Crime and Punishment: An Economic Approach’ 18. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Economic Theory of Public Enforcement of Law’ 19. William J. Furlong (1987), ‘A General Equilibrium Model of Crime Commission and Prevention’ PART VI LEGAL PROCESS 20. Jennifer F. Reinganum (1988), ‘Plea Bargaining and Prosecutorial Discretion’ 21. Barry Nalebluff (1987), ‘Credible Pretrial Negotiation’ 22. Avery Katz (1990), ‘The Effect of Frivolous Litigation on the Settlement of Legal Disputes’

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Book SynopsisFor too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May's excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.'- Susanne Soederberg, Queen s University, CanadaThis timely book explores the complexities of the rule of law - a well-used but perhaps less well understood term - to explain why it is so often appealed to in discussions of global politics. Ranging from capacity building and the role of the World Bank to the discourse(s) of lawyers and jurisprudential critiques, it seeks to introduce non-lawyers to the important and complex political economy of the rule of law.In accessible terms, Christopher May argues that we can no longer merely use the idea of the rule of law without question but rather must appreciate its multifaceted and contested character if we are to begin to understand how and why it is now seen as a 'good thing' across the political spectrum. He expertly examines the problems encountered by rule of law programes in post-conflict and developing countries, as well as presenting the range of contested meanings of the term. The author also considers the possibility of establishing a pluralistic account of the rule of law and investigates the plausibility of an international rule of law.By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio - legal scholars and political economists. It also presents an overarching analysis of the manner in which politics and law interact that will be of great value to political scientists and development economists.Contents: Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography IndexTrade Review‘For too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May’s excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.’ -- Susanne Soederberg, Queen’s University, Canada‘Christopher May’s The Rule of Law is clearly a must for all those interested in legal problems, international political economy, economic development, post-conflict restructuring or, more generally, the role of norms in today’s globalised world. A timely and insightful disruption of the monotony of the rule of law discourse, this book definitely calls into question our supposedly commonsensical assumptions and self-evident practices. It is, therefore, clearly a significant achievement and undoubtedly recommended.’ -- Ignas Kalpokas, LSE Book ReviewTable of ContentsContents: Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography Index

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Book SynopsisAs many disciplines in the humanities have experienced a focus on culture?s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education.Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.Trade Review'What significance does media (e.g. the form and materiality of expression) have for law and legal thought? Covering a hugely impressive historical range - from oral traditions, through the invention of writing and print, to today's computer networks - this new book from Thomas Vesting offers the best guide currently available to that question. Putting in dialogue media theory and legal theory, Vesting does not shy away from the most difficult issues at the intersection of these two fields. The book will be of interest to everyone from book historians to theorists of contemporary mass media. An impressive achievement.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface and Acknowledgements PART I LANGUAGE AND SPEECH I. Introduction: Legal Theory as Media Theory 2. Language, Media, Subjectivity 3. On the Orality of Oral Cultures 4. Oral Legal Culture and the “Ethics” of the Gift 5. Traces of Oral Legal Culture in Homer (and Hesiod) PART II WRITING 6. Hot Writing and Cool 7. Tradition and Innovation in Writing Cultures 8. Transitions to Writing in Law 9. Specialist Writing: Roman Civil Law 10. The Comprehensive Text of Jewish Law PART III PRINT 11. The Parchment Codex and the “Spirit” of Christianity 12. Print Culture, Print Epistemology 13. “Incarnation” of Sovereignty 14. “Excarnation” of Sovereignty 15. The Cultural Framework of the Liberal State PART IV COMPUTER NETWORKS 16. Mass Media and Mass Culture 17. The Culture and Epistemology of Networks 18. Constitutionalism 19. Statehood and Democracy 20. Further Exemplary Fields Bibliography Index

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Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index

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Book Synopsis‘'Rethinking’' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '‘interest’' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘'epistemological attitude’' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.Trade Review'This excellent book pursues the author's relentless ontological and epistemological project of thinking (and rethinking) legal reasoning, with a view to showing the relevance of law for the social sciences and the humanities: there is more indeed to law as a discipline than description of, and reasoning about, rules!' --Horatia Muir Watt, Ecole de Droit, Sciences-po, FranceTable of ContentsContents: Preface General introduction 1. What was the contribution of the medieval civilians? 2. What was the contribution of the Roman lawyers? 3. What was the contribution of the later civilians and the common lawyers? 4. What is the institutional legacy? 5. What is the legal literature legacy? 6. How do legal reasoners treat facts? 7. Is legal reasoning like medical reasoning? 8. Is legal reasoning like reasoning in film studies? 9. Is legal reasoning based on fictions? 10. Can legal reasoning be rethought? 11. Rethinking legal reasoning: should jurists take interests more seriously? 12. Should jurists take interests more seriously (continued)? Concluding Remarks Bibliography Index

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Book Synopsis‘'Rethinking’' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '‘interest’' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘'epistemological attitude’' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.Trade Review'This excellent book pursues the author's relentless ontological and epistemological project of thinking (and rethinking) legal reasoning, with a view to showing the relevance of law for the social sciences and the humanities: there is more indeed to law as a discipline than description of, and reasoning about, rules!' --Horatia Muir Watt, Ecole de Droit, Sciences-po, FranceTable of ContentsContents: Preface General introduction 1. What was the contribution of the medieval civilians? 2. What was the contribution of the Roman lawyers? 3. What was the contribution of the later civilians and the common lawyers? 4. What is the institutional legacy? 5. What is the legal literature legacy? 6. How do legal reasoners treat facts? 7. Is legal reasoning like medical reasoning? 8. Is legal reasoning like reasoning in film studies? 9. Is legal reasoning based on fictions? 10. Can legal reasoning be rethought? 11. Rethinking legal reasoning: should jurists take interests more seriously? 12. Should jurists take interests more seriously (continued)? Concluding Remarks Bibliography Index

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Book SynopsisThe nature and purpose of legal education has become a topic of intense debate in recent years. This timely book calls for a critical re-evaluation of university legal education, with the particular aim of strengthening its academic nature. The contributors emphasise lecturers' responsibility to challenge the assumptions students have about law, and the importance of putting law in a theoretical and social context that allows for critical reflection and sceptical detachment. In addition, the book reports upon teaching experiences and innovations, offering tools for teachers to strengthen the academic nature of legal education, and concludes with concrete proposals for change. Students and scholars engaged in the debate regarding the re-evaluation of academic legal education will find this book invaluable to their work. It will also be of interest to practitioners, such as educational experts and administrators looking to understand the role of law schools in creating responsible citizens.Contributors include: T. Bleeker, A. Böning, L. Corrias, U. de Vries, M. Del Mar, L. Francot, S. Germain, T. Hutchinson, B. Oomen, C. Schwöbel-Patel, B. Sokhi-Bulley, G. Uygur, B. van Klink, W. van RossumTrade Review'At a time when the performative demands of the neo-liberal university threaten to marginalise liberal and post-liberal traditions of critical enquiry, it is important to be reminded that a quality legal education can be both richly sceptical and imaginative. For those interested in deepening their students' empirical, normative and affective understanding of legal phenomena, and of their own place in the legal word, this collection of essays offers both a multi-faceted account of educational praxis and some persuasive examples of how we can educate better.' --Julian Webb, The University of Melbourne, Australia'This is a very varied, interesting and stimulating collection of essays. It deserves a wide readership, as there are topics of interest to all law teachers.' --Fiona Cownie, Keele University, UK'In a world dominated by technology, technique, and bureaucracy this collection of essays represents a most welcome and intelligent effort to render legal education, and law itself, more fully human, coherent, and effective, from the point of view both of the individual human being and the larger society.' --James Boyd White, The University of MichiganTable of ContentsContents: Foreword 1. Introduction 1 Part I THEORY AND LEGAL EDUCATION 2. Knowledge and Aphasia: What is the Use of Skeptical Legal Education Bart van Klink 3. Re-Bildung: An Ideal Reconsidered for Legal Education Lyana Francot and Luigi Corrias 4. Academic Education and Socialisation Anja Böning 5. The Necessary Loneliness of Teaching (and of Being a Legal Academic) Anthony Bradney Part II Experimental Courses 6. Teaching International Law Critically- Critical Pedagogy and Bildung as Orientations for Learning and Teaching Christine Schwöbel-Patel 7. Learning Law Differently: The Importance of Theory and Methodology Bal Sokhi-Bulley 8. Empirical Methodologies Knowledge and Expertise: A ‘Necessary’ Skill for Lawyers? Terry Hutchinson 9. Visuals for a Critical Legal Reflection Wibo van Rossum 10. For a New and More Diverse Comparative Legal Education Sabrina Germain PART III DIDACTIC INNOVATIONS AND LEARNING EXPERIMENT 11. Orchestrating Encounters: Teaching Law at a Liberal Arts and Sciences College in the Netherlands Barbara Oomen 12. Students’ Perception and Legal Education Gülriz Uygur 13. Learning How to Read a Case: Resources from the Visual and Dramatic Art Maksymilian Del Mar 14. Law & Lounge: An Experiment on Student Self-Organisation and Critique as Skeptical Reflexivity Ubaldus de Vries 15. Epilogue: An Overview, Reflections and a Student’s Perspective Tim Bleeker 16. Conclusions: Concrete Proposals for Change: 14 Theses Bart van Klink and Ubaldus de Vries Index

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Book SynopsisUnderstanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?Michael Giudice presents the problem: several methods suggest themselves as suitable to understanding law; however, each method claims unique importance with no need of others. A solution is offered in two key claims. First, many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, emphasizing a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. Second, conceptual theories of law can and ought to identify necessary as well as contingent features in the construction of conceptual explanations of law. This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.The book will be of primary interest to both students and academics in legal, political, and moral philosophy. It will also be of interest to students and academics working in the social sciences who are interested in questions about the distinctive character of law.Trade Review'This is a superb book. Taking up the important debate on the role of conceptual analysis in legal theory, Giudice carefully articulates the competing positions and presents a clear-eyed and perspicuous account of conceptual analysis. This book is essential reading for anyone in legal theory.' --Dennis Patterson, European University Institute, ItalyTable of ContentsContents: Preface PART I. BEYOND CONCEPTUAL ANALYSIS 1. Analytical Jurisprudence and its Discontents 2. Constructive Conceptual Explanation 3. Conceptual Explanation and Contingency 4. Analytical Jurisprudence and Necessity PART II. ILLUSTRATIONS 5. The Contingent Relation Between Invalidity and Unconstitutionality 6. Conceptual Explanation of European Union Law PART III. CONTINUITY IN LEGAL THEORY 7. Imperialism and Difference in Legal Theory 8. Participant Understanding and Legal Theory 9. Continuity in Legal Theory Conclusion: A Look Back and a Look Forward Index

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Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index

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Book SynopsisWhat role does empirical data play in law? How can we draw normative conclusions from empirical legal research? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda. This book presents an innovative set of perspectives on the relationship between descriptive and normative elements in legal inquiry and practice. The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law. This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics interested in discussions of multidisciplinary and interdisciplinary research.Contributors include: R. Cotterrell, P. Cserne, W. de Been, M. Del Mar, L. Francot, J. Hage, R. Herdy, O.W. Lembcke, A.R. Mackor, A.M. Pacces, G. Samuel, S. Taekema, B. van Klin, W. van der BurgTrade Review'A valuable collection of original analyses of the way various disciplines conceptualise facts, values, and norms in the realms of judging, lawyering, and legislating - and the interdisciplinary challenges and opportunities this offers. In the hands of these authors the normative often plays a crucial role in establishing truths whilst the descriptive turns out to be shaped by values. A must read for legal and social theorists.' --David Nelken, King's College London, UK'Facts and Norms in Law is a rich and indispensable guide to anyone involved in doing interdisciplinary research on law. It is the first comprehensive book to address the question of how a meaningful exchange can take place between law and other normative disciplines. Written by a stellar cast of authors, this is an essential volume for anyone interested in legal methodology.' --Jan M. Smits, Maastricht University, the Netherlands'This book brings together an excellent group of contributors in order to reflect on legal methods from an interdisciplinary perspective. The main focal point is the relationship between fact-based and normative approaches to legal (and non-legal) research. This provides an original take of the debate about legal methods. While, as indicated in the conclusion, the book does not aim to 'provide conclusive answers, it does offer abundant food for reflection'. It is highly recommended.' --Mathias Siems, Durham University, UKTable of ContentsContents: Foreword PART I 1. Introduction Wouter de Been, Sanne Taekema and Bart van Klink 2. Facts, Values and Norms Jaap Hage PART II 3. Imitation of Life: Resonances Between Law and Fact and Fact and Law Geoffrey Samuel 4. The Epistemic Dependence of Judicial Decision-Makers Rachel Herdy 5. Facts and Norms in the Behavioural Assumptions of Law Péter Cserne PART III 6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory Anne Ruth Mackor 7. Systems Theory, Critique and Law: To Kill Some Darlings? Lyana Francot 8. A Law and Economics Perspective on Normative Analysis Alessio M. Pacces PART IV 9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen Bart van Klink and Oliver W. Lembcke 10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context Maksymilian Del Mar 11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science Roger Cotterrell PART V 12. The Need for Audacious Fully Armed Scholars: Concluding Reflections Wibren van der Burg Index

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Book Synopsis'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.'- David Kennedy, Harvard University'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.'- Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline.Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline.The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.Trade Review'Globalisation has made legal comparison fashionable, but in the mainstream varieties practiced within institutional settings or by surviving nineteenth century societes savantes, it involves, at best, a superficial overview of national practices in a quest for similarities (not differences), at worst, an apology of the exclusionary dynamics at work in the act of comparison. While Frankenberg's acutely critical view draws attention to the political and epistemological implications of existing methodologies, it also provides the foundations of a renewed intellectual enterprise, thereby joining the outstanding scholarship of Legrand, Samuel or Monateri in what might be termed ''New Approaches to Comparative Law''.' --Horatia Muir Watt, Sciences-po, France'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. The intellectual condescension towards those who have not been converted to post-modernism that shines through, typical of the amorphous congregation of crits, must not dissuade established comparatists from taking this book very seriously.' --Journal for European, Private International and Comparative Law'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. It is not far-fetched to declare that this overview of comparative work in law is more instructive than many a voluminous conventional 'comparative law handbook'.' --Zeitschrift für ausländisches öffentliches Recht und VölkerrechtTable of ContentsContents: PART I DISCIPLINE AND CRITIQUE I. Comparative Law as Discipline 2. Critique and Comparison PART II CHARTING THE COMPARATIVE SPACE 3. Navigating the Mainstreams 4. Orientalizing Comparative Law’s Occident 5. Muslim Veiling: Critique of a Comparative Discourse PART III COMPARING HUMAN RIGHTS NARRATIVES 6. Human Rights and Narratives of Justification 7. Before the Law: The Discourse about “Access to Justice” 8. Thick Comparison? Bibliography Index

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Book SynopsisCyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.Trade Review'Reed and Murray have, in their own earlier work, separately emphasised the significance of legal theory to the study of Internet law - and, crucially, of Internet law to legal theory. In this thoughtful joint project, they take a fresh look at the development of cyberlaw over the last two decades, unpacking a crowded room of regulatory bodies, national governments, intermediaries, corporations, and users. They emphasise authority and legitimacy, offering a powerful critique of inaccessible rules, and propose a new focus on the reception of legal norms. This new book is both a reflection on the progress made in the field and a provocative contribution to a debate that has proven difficult for lawmakers and communities alike to resolve thus far.' --Daithí Mac Síthigh, Queen's University Belfast, UK'The evolution of cyberspace regulation is creating striking challenges for traditional assumptions of jurisprudence. This innovative and incisive text provides a rich, essential exploration of these challenges and of their immense practical significance for jurisprudence specialists and cyber lawyers alike.' --Roger Cotterrell, Queen Mary University of London, UKTable of ContentsContents: Part I Law and Authority in Cyberspace 1. The Lawmaking Authority of States 2. Non-State Rulemakers 3. Communities, Authority and Rules of Recognition Part II Control, Competition and Conversation 4. Control 5. Normative Competition in Cyberspace 6. Networks and nodes 7. Legitimacy and Authority 8. Maintaining the rule of law in cyberspace Afterword Index

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Book SynopsisLegal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. SukTrade Review'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' --(Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars)Table of ContentsContents: Part I Timing Devices 1. Legal Cycles and Stabilization Rules Frank Fagan 2. Legislating Crisis David Kamin 3. The More It Changes, The More It Stays the Same?: Automatic Indexing and Current Policy Dan Shaviro 4. Racing the Clock: Deadlines, Conflict, and Negotiating in Lawmaking Daniel A. Farber 5. Playing for Constitutional Time: Interim Constitutions and Transitional Provisions Tom Ginsburg and Eric Alston 6. Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes Frank Fagan and Saul Levmore Part II Law's Architecture 7. Timing of Consent Jacob E. Gersen and Jeannie Suk 8. Interest Groups and the Durability of Law Saul Levmore 9. Self-executing Statutes in the Administrative State Adam Samaha 10. Intellectual Property and Legislative Innovation Saul Levmore Part III Time in Judging 11. Janus-Faced Law: A Philosophical Debate Martha C. Nussbaum 12. Renovating the Efficiency of Common Law Hypothesis Frank Fagan 13. Delaying Declarations of Constitutional Invalidity Anthony Niblett 14. The Sins of Their Fathers: Illegitimacy in Japan and Surrogate Punishment across Generations J. Mark Ramseyer Index

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Book SynopsisNot only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims.Outsourcing the law brings about profound changes in the way power is distributed. In this timely book, Pauline Westerman analyzes this outsourcing from a philosophical perspective. Outsourcing the Law analyzes the particular types of rules to which outsourcing gives rise (performance-indicators), as well as the techniques that are used (benchmarking, auditing) and identifies the key-implications of these shifts for democracy, the Rule of Law, judicial decision-making and even for how legal research is carried out.The analyses in this book will be a valuable read for legal academics and professionals, students of law, and all those with a keen interest in the relationship between law and regulation.Trade Review'Westerman's Outsourcing the Law: A Philosophical Perspective on Regulation is a must read book for all those who are interested in the world of regulation! Clearly written, it tackles fundamental regulatory issues combining a highly pedagogical approach with a deep insight and understanding of extremely complicated and basic questions.' --Mauro Zamboni, Stockholm University, SwedenTable of ContentsContents: Preface 1. Introduction 2. The Structure Of The Rules 3. Between Compliance And Performance 4. Commissioned Self-Regulation 5. Outsourcing Democracy 6. The Limited Role Of The Judiciary 7. Legal Research And The Empirical Turn 8. A Rule of Outsourced Law 9. A Contagious Style Index

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Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index

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