Methods, theory and philosophy of law Books
Edward Elgar Publishing Ltd Law’s Political Foundations: Rivers, Rifles,
Book SynopsisLaw's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.Trade ReviewWith magnificent scope, Law's Political Foundations leads the reader through government structure, political regimes, and law throughout the world. Haley's work deftly explains why China, Japan, Europe, and Latin America developed different forms of public and private legal regimes. Geography, war, agriculture, and belief shaped government and law; this novel framework permits Haley boldly to straddle empires and centuries in this captivating study of legal development. --M.C. Mirow, University of Edinburgh Law School, UK, and Florida International University College of LawIn Law's Political Foundations, John Haley brings a lifetime of thinking about the deep issues of comparative law to this fascinating exploration of the geographical roots, as well as the implications, of the very different regimes of public law, private law, and private ordering that respectively dominated the civilizations of China, Western Europe, and Japan. And although the West still speaks the language of private law, he argues, it is the public law paradigm first perfected in China that is becoming dominant in the modern state. There is much food for thought in this stimulating and provocative book. --Donald C. Clarke, The George Washington UniversityIn this breathtaking account, John Haley gives us a magisterial tour de force. He asks questions of astonishing breadth: when do societies rely on public law regimes, and when on private law regimes? He explores these universal puzzles with a relentless focus on the particular. In exquisite detail, he traces the way legal regimes developed historically across a wide range of countries. And he ties the developments to changes in religion, in economic production, in military extraction, and in transportation and communication facilities. Old questions, new answers - at root, Haley concludes: ''legal institutions develop in conjunction with the capacity of rulers to appropriate wealth and acquire revenue and the demands or needs they confront for the allocation of the material resources they control.'' Haley masterfully traces the interplay of rules, norms, laws, religious injunctions, and the demands of economic production and military extraction. --Mark Ramseyer, Harvard Law SchoolTable of ContentsContents: Introduction 1. Defining Law’s Political Foundations 2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change 3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China 4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan 5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe 6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America Epilogue: Beyond Magellan’s World Index
£94.00
Edward Elgar Publishing Ltd A Short Introduction to Judging and to Legal
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
£29.95
Edward Elgar Publishing Ltd Technology and the Trajectory of Myth
Book SynopsisImportant and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility. Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm.Trade Review'This is a challenging and sophisticated book, with an original thesis. It is intriguing at many levels: part assessment of the new worlds of modern technologies, part a work of deeply engaged intellectual history, part itself a philosophy of history, part a treatise on the proper relations between law, regulation and technology. Underlying all this is a philosophically deeply grounded plea that we not succumb to ''mythologising'' the new technologies, as we have over ages succumbed to the (successive) mythologies of Deity, State and Market, but take responsibility for our lives. It is a timely, powerful and arresting work.' --Martin Krygier, UNSW Sydney, AustraliaTable of ContentsContents: Introduction 2. The Mythological Trajectory 3. Science and Mythology 4. Attitudes towards Emerging Technologies 5. Gene Technology and the Mythology of the Legislative Process 6. Law and the Trajectory of Myth 7. Conclusion: Technology need not be Mythological Bibliography Index
£100.00
Edward Elgar Publishing Ltd Multi-criteria Analysis in Legal Reasoning
Book SynopsisProviding an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law. Through clear illustrations and a variety of concrete examples, this book shows how simple additive weighing can be applied in any situation in which there are one or more objectives, multiple options and multiple decision criteria. Further demonstrating the use of fuzzy logic in conjunction with this method, Bengt Lindell adeptly shows the reader how extra-disciplinary methods have much to contribute in a legal decision-making context. The methods covered in this book help to balance the issues of intuition versus structural analysis, risk and uncertainty, and the merging of probability and utility in the context of law. Practical and engaging, this book will prove an indispensible guide for academics and scholars across many legal disciplines. Public and private decision makers will also benefit from its clear and concise approach, affording them new insights into the application of multi-criteria analysis in law.Trade Review'Law is about balancing of interests. How to do this, is considered mainly to be a matter of intuition. This book offers a structured method based on decision theory and fuzzy logic. It helps lawyers to balance interests and make choices in complex cases in a systematic way, even when the weighting is based on subjective ratings and opinions differ fundamentally. The method of multi-criteria analysis is explained in a very clear and accessible way and applied to several, legal and other cases.' --Bart van Klink, Vrije Universiteit Amsterdam, the Netherlands'This is a highly original approach to a pressing problem of legal reasoning: how to decide in a context in which many different values and interests need to be considered. The interdisciplinary approach chosen, using decision theory and adapting it to a legal context, provides a fresh perspective on important issues such as balancing of interests and weighting of different legal values. Firmly grounded in Scandinavian discussions of legal reasoning and the international literature on decision theory, it is particularly relevant to administrative legal decisions, but it may also be relevant to judicial decision-making in private or criminal law.' --Sanne Taekema, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Overall assessments and balancing of interests 2. Multi-criteria analysis 3. Intuition 4. Legal examples of decision-making with SAW 5. Decision-making under uncertainty 6. Evidentiary aspects Bibliography Index
£94.00
Edward Elgar Publishing Ltd Grounds of the Immaterial: A Conflict-Based
Book SynopsisThis book applies a novel conflict-based approach to the notions of `idea', `concept', `invention' and `immateriality' in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge's office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless `material' operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences. Grounds of the Immaterial offers an inventive and refreshing take on intellectual property rights which will be valued by academics and students in philosophy, legal theory, legal anthropology and intellectual property.Trade Review'Niels van Dijk's exploration of the way legal practitioners answer traditional philosophical questions such as ''what is an idea?'' is deeply inspirational. It leaves no place for rivalry between law and philosophy, but engages a mutual becoming in which each practice retains, or even rediscovers its vital thrust. The book will move readers, whether they are philosophers or legal practitioners, to a deeper appreciation of the capacity of their respective practice to invent its own questions and define its own problems.' --Isabelle Stengers, Universite libre de Bruxelles, BelgiumTable of ContentsContents: Introduction I. Legal Theory: From Intellectual Property To Informational Goods 2. Interlude ~ Turning to Legal Practice: Outlines Of A Transversal Approach 3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute 4. Legal Pointillism in Court: Towards the Composition of Judgment 5. Conclusion: Immaterial Performances in the Life of the Legal Dispute 6. Coda ~ Philosophy and Law: A Conflictive Encounter Index
£111.00
Edward Elgar Publishing Ltd The Turning Point in Private Law: Ecology,
Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index
£83.00
Edward Elgar Publishing Ltd The Normative Foundations of European Competition
Book SynopsisDoes the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals. Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed. Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.Trade Review'This book should be compulsory reading for antitrust policy makers and many others. If it has not already attained the status as an exceptional work then it surely will. It ought be recognised as making a significant and lasting contribution to our understanding of the policy underpinnings of antitrust and its place in democratic governance.'' -- Ray Steinwall, Competition and Consumer Law Journal'This book is not like other books on competition law. It ploughs its own furrow in the ''field'' of competition law and policy, sowing seeds of legal and political theory and philosophy. The resulting furrow makes the reader think (or, perhaps, re-think) about the proper role of economics within competition law and how and why the competitive process should be protected.' -- David Bailey, Common Market Law Review'This is a bold and insightful book. It analyses old debates but from new angles and with new insights. Some believe that the issues have been resolved, but the author shows that dealing effectively with fundamental questions as they relate to changing circumstances remains a key element in shaping the future of competition law.' -- David J. Gerber, Illinois Institute of Technology, USTable of ContentsContents: 1. Introduction 2. The Evolution Of The Economic Concept Of Competition 3. Doctrinal Foundations Of Competition Law 4. The Normative Value Of Competition 5. The Mechanics Of Balancing 6. The Legal Theoretical Aspects Of Competition 7. Practical Conclusion Index
£116.00
Edward Elgar Publishing Ltd Law and Evil: The Evolutionary Perspective
Book SynopsisLaw and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism.Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.Trade Review'Zaluski's work stands as a valuable contribution to better understanding the often neglected dynamic moments of the law and its making. By making use of a philosophically refined evolutionary approach to the law, he is not only able to identify the fundamental components regarding the nature of the legal phenomenon, he also offers a new perspective through which to investigate the eternal question of why humans tend to commit evil and the role law and its actors may play in it, as a restraining force.' --Mauro Zamboni, Stockholm University, Sweden'Wojciech Zaluski offers an erudite, insightful, and thought-provoking study of the place of evil for our jurisprudential understandings of law and justice. Situated at the junctures and dis-junctures between and among evolutionary theory, the developments of natural law and legal positivism, and metaethics, Law and Evil raises new and important questions for our understandings of evil within legal thinking and practice.' --David Fraser, University of Nottingham, UKTable of ContentsContents: Introduction 1. The double ambivalence of human nature 2. Progress in law: towards genuine ethics 3. Evolution, metaethics and the natural law Epilogue: Evil and metaphysics Bibliography Index
£78.00
Edward Elgar Publishing Ltd Law and Autonomous Machines: The Co-evolution of
Book SynopsisThis book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines. This book is a valuable resource for scholars and practitioners of legal doctrine, ethics and autonomous technologies, as well as legislators and policy makers, and engineers and designers who are interested in the broader implications of their work.Table of ContentsContents: Preface PART I THE RISE OF AUTONOMOUS TECHNOLOGIES AND CURRENT LAW 1. The emerging challenge 2. Existing law and other forms of governance PART II INDIVIDUAL AND GROUP RESPONSIBILITY 3. Individual responsibility 4. The legal and moral responsibility of groups PART III REIMAGINING RESPONSIBILITY AND THE RESPONSIBLE AGENT 5. Reframing responsibility 6. Altering the responsible agent PART IV ETHICAL AI 7. Law-abiding machines and systems 8. Moral machines and systems 9. Machines and systems as legal and moral subjects PART V CONCLUSIONS 10. Trigger events Index
£95.00
Edward Elgar Publishing Ltd Rethinking Comparative Law
Book SynopsisAs law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field.This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate.Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.Trade Review'A fascinating and refreshing book on legal comparison! With much insight and depth, the three authors join forces, each one in four chapters, to offer new perspectives on how to engage seriously with the study of foreign law. Challenging the orthodoxy, the book offers fruitful reflections on the role of language and culture in law, and discusses questions of method, or the lack thereof, interdisciplinarity and other core questions of legal comparison, including that of the existence of law. The book will not only satisfy the curiosity of an academic audience, but also provide useful tools to international practitioners.' -- Franz Werro, Georgetown University Law Center, US, University of Fribourg, Switzerland and Co-Editor-in-Chief, American Journal of Comparative Law'Rethinking Comparative Law marks the urgency of a critical and heterodox approach to comparative legal studies. Stripping away from the hegemonic perspective in the field, which for more than a century has been content to compare the shells of laws, this work provides crucial tools for comparatists to pierce the carapace of foreign laws and perform in-depth analysis reaching to the very core of the foreign. An insightful and indispensable book for a culturalist view of the comparison of laws.' -- Daniel Wunder Hachem, Pontifícia Universidade Católica do Paraná and Universidade Federal do Paraná, Brazil'Rethinking Comparative Law is a valuable book on all the necessary and complex tools needed to manage legal reforms in a globalized world. The book makes an important and fresh addition to the literature on comparative law offering a new insight for a critical understanding of the notion of culture, which remains crucial for legal comparison. In so doing, the book represents a thoughtful and profound scrutiny of quantitative methods and their limits in legal analysis.' -- Pier Giuseppe Monateri, University of Torino, ItalyTable of ContentsContents: Introduction 1. The epistemological challenge: does law exist? 2. The comparatist and the illusion of autonomy 3. Methodology and comparative law: programme orientations 4. Method as deception 5. Comparisons otherwise: the merits of interdisciplinarity 6. Comparing comparisons 7. On the untranslatability of laws 8. The corrida, for example: how comparative understanding fares 9. How far culture? A critical examination of cultural defences 10. Comparison in action: on the beach 11. Quantifying law? ‘Legal origins’ or ‘doing business’ as usual 12. Is there generic law? The issue of constitutionalism Index
£114.00
Edward Elgar Publishing Ltd Research Handbook on Feminist Jurisprudence
Book SynopsisThe Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.Featuring contributions from a diverse team of prominent scholars, this Research Handbook illuminates the ways in which feminist scholarship has enriched understandings of law's sometimes subordinating structures and the ways in which law can be interpreted or changed so as to promote the equality, liberty, wellbeing, and interests of women. The expert contributors offer a vast range of feminist perspectives on law, including liberal, radical, and post-modern feminism, and explore the implications of these theoretical stances for understandings of the nature of law, legal change, and the relationship between law and politics. Chapters analyse the influence of feminist legal theories on doctrinal areas of law including US constitutional and civil rights law, international law, and various areas of private law.This insightful book will be of interest to law students, legal scholars, and scholars of political and moral philosophy seeking to understand the entire body of feminist legal scholarship from the early 1970s to the present, as well as its variants, and relationships among different theoretical perspectives.Contributors include: S.F. Appleton, K.K. Baker, I. Caglar, M. Chamallas, C.-j. Chen, M.A. Fineman, M.A. Franks, C. Grant Bowman, B.A. Gur, N.D. Hunter, L.C. Ikemoto, O. Kamir, H. Keren, S.A. Law, N. Menon, N. Naffine, J.A. Nice, V.F. Nourse, N. Rimalt, D.E. Roberts, L.A. Rosenbury, J.C. Suk, D. Tuerkheimer, R. West, A.K. Wing, K.A. YurackoTrade Review‘The Research Handbook on Feminist Jurisprudence is a compelling, thought-provoking addition to academic library collections.’ -- Caitlin Hunter, International Journal of Legal Information‘The overview of feminist engagement with different areas of the law is impressive, and importantly demonstrates that even areas of law, which are written as “gender-neutral” norms, can benefit substantially from a feminist approach. Any law library would benefit from adding this Research Handbook to their catalogue.’ -- Metka Potocnik, Wolverhampton Law Journal'This Research Handbook provides a diverse array of critical, descriptive, and normative perspectives on feminist jurisprudence, with rich historical accounts of legal advances and backlashes. Centered primarily on US feminism, the volume also includes interesting chapters with a foreign or international focus. It should prove a highly valuable resource for feminist scholars and advocates in many parts of the world.' --Vicki C. Jackson, Harvard Law School, US'This landmark collection, edited by two leading feminist legal scholars, will be an invaluable resource for anyone interested in how feminist theory has laid the legal foundations for greater gender equity in the United States and throughout the globe.' --Deborah L. Rhode, Stanford University, USTable of ContentsContents: Preface Introduction to the Research Handbook on Feminist Jurisprudence Robin West PART I FEMINISM AND LEGAL THEORY: VARIETIES OF FEMINIST LEGAL THEORY 1. In Defense of Liberal Feminism Sylvia A. Law 2. Catharine A. MacKinnon and Equality Theory Chao-ju Chen 3. Relational Feminism and Law Robin West 4. The Limits of Equality: Vulnerability and Inevitable Inequality Martha Albertson Fineman 5. Socialist Feminist Legal Theory: A Plea Cynthia Grant Bowman 6. Critical Race Feminism Dorothy E. Roberts 7. Postmodern Feminist Legal Theory Laura A. Rosenbury 8. Feminism, Sexuality and the Law Nan D. Hunter PART II: FEMINIST LEGAL THEORY AND CRIMINAL LAW 9. Sexual Agency and the Unfinished Work of Rape Law Reform Deborah Tuerkheimer 10. Sexual Violence and the Law in India Nivedita Menon 11. Violence Against Women and Liberal Sexism Victoria Nourse 12. ‘Some Gentle Violence’: Marital Rape Immunity as Contradiction in Criminal Law Ngaire Naffine PART III: FEMINIST LEGAL THEORY AND REPRODUCTIVE RIGHTS 13. Reproductive Rights and Justice: A Multiple Feminist Theories Account Lisa C. Ikemoto 14. Against Roe Exceptionalism: Degendering Abortion Noya Rimalt PART IV: FEMINIST LEGAL THEORY, SEX DISCRIMINATION AND SEXUAL HARASSMENT 15. Sexual Harassment Law: An Evolution in Theory, Scope and Impact Kimberly A. Yuracko 16. A Dignitarian Feminist Jurisprudence with Applications to Rape, Sexual Harassment and Honor Codes Orit Kamir 17. Sex Equality, Gender Injury, Title IX and Women’s Education Katharine K. Baker PART V: FEMINIST LEGAL THEORY AND CONSTITUTIONAL LAW 18. The Gendered Jurisprudence of the Fourteenth Amendment Julie A. Nice 19. Beyond ‘Free Speech for the White Man’: Feminism and the First Amendment Mary Anne Franks PART VI: FEMINIST LEGAL THEORY AND PRIVATE LAW 20. Feminist Legal Theory and Tort Law Martha Chamallas 21. Feminism and Contract Law Hila Keren 22. How Feminism Remade American Family Law (and How It Did Not) Susan Frelich Appleton 23. Feminism and Family Leave Julie C. Suk PART VII: FEMINIST LEGAL THEORY AND INTERNATIONAL LAW 24. International Law and Feminism Adrien K. Wing 25. The State’s Due Diligence Obligation Irem Caglar and Berna Akcali Gur Index
£212.00
Edward Elgar Publishing Ltd Legal Conversation as Signifier
Book SynopsisConversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.Table of ContentsContents: 1. Thoughts Backing Speech 2. Legal Practice Stalks the Brain 3. Compliance and the Radical 4. On Hermes Avenue Index
£94.00
Edward Elgar Publishing Ltd Domesticating Kelsen: Towards the Pure Theory of
Book SynopsisThere exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory's prism.This insightful book demonstrates that Kelsen's theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory.Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.Table of ContentsContents: 1. The Essence and Basic Methods of the Pure Theory 2. The State and the Law 3. Law and its “Others”: Natural Law, Morality and Social Policy 4. Constitution and Normative Hierarchy 5. The Basic Norm and Efficacy of the Legal System 6. The Rule of Law Conclusion Index
£88.00
Edward Elgar Publishing Ltd Economic Approaches to Legal Reasoning and
Book SynopsisThis insightful research review provides analysis of the most important contemporary work by experts in the economic analysis of legal reasoning and interpretation. It explores a wide range of topics in the field, from constitutional to statutory interpretation, precedent and the interpretation of contracts. The articles discussed raise key questions concerning the optimal construction of institutions, the best approach to judicial decision-making, and the best strategies for statutory and contract drafting. This fascinating review will be valuable to academics interested in legal reasoning, economic analysis and legal philosophy.Trade Review‘Bix compiles a classic collection of the best writing in the area, with an eye towards pieces that are both sophisticated and accessible to a general audience. The section on contract interpretation provides a perfect selection of articles to introduce the subject and enables the reader to understand the more specialized and nuanced work in the area’ -- Lisa Bernstein, University of Chicago Law School, USTable of ContentsContents: Introduction Brian H. Bix PART I CONSTITUTIONAL INTERPRETATION 1. A. C. Pritchard and Todd J. Zywicki (1999), ‘Finding the Constitution: An Economic Analysis of Tradition’s Role in Constitutional Interpretation’, North Carolina Law Review, 77 (2), January, 409–521 2. John O. McGinnis (2014), ‘Public Choice Originalism: Bork, Buchanan and the Escape from the Progressive Paradigm’, Journal of Law, Economics and Policy, 10 (3), Fall, 669–88 PART II STATUTORY INTERPRETATION 3. Jonathan R. Macey (1986), ‘Promoting Public-Regarding Legislation through Statutory Interpretation: An Interest Group Model’, Columbia Law Review, 86 (2), March, 223–68 4. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’, International Review of Law and Economics, 12 (2), June, 263–79 5. Robert D. Cooter and Tom Ginsburg (1996), ‘Comparative Judicial Discretion: An Empirical Test of Economic Models’, International Review of Law and Economics, 16 (3), September, 295–313 6. Arthur Lupia and Mathew D. McCubbins (2005), ‘Lost in Translation: Social Choice Theory is Misapplied Against Legislative Intent’, Journal of Contemporary Legal Issues, 14 (2), February, 585–617 PART III PRECEDENT 7. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’, Journal of Law and Economics, 19 (2), August, 249–307 8. Erin O’Hara (1993), ‘Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis’, Seton Hall Law Review, 24 (2), June, 736–78 9. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’, International Review of Law and Economics, 26 (4), December, 519–35 10. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’, Journal of Comparative Economics, 35 (2), June, 309–28 PART IV INTERPRETING CONTRACTS 11. Ian Ayres and Robert Gertner (1989), ‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’, Yale Law Journal, 99 (1), October, 87–130 12. Alan Schwartz (1992), ‘Relational Contracts in the Courts: An Analysis of Incomplete Agreements and Judicial Strategies’, Journal of Legal Studies, 21 (2), June, 271–318 13. Gillian K. Hadfield (1994), ‘Judicial Competence and the Interpretation of Incomplete Contracts’, Journal of Legal Studies, 23 (1), January, 159–84 14. Alan Schwartz and Robert E. Scott (2003), ‘Contract Theory and the Limits of Contract Law’, Yale Law Journal, 113 (3), December, 541–619 15. Avery Wiener Katz (2004), ‘The Economics of Form and Substance in Contract Interpretation’, Columbia Law Review, 104 (2), March, 496–538 16. Richard A. Posner (2005), ‘The Law and Economics of Contract Interpretation’, Texas Law Review, 83 (6), May, 1581–614 17. Alan Schwartz and Robert E. Scott (2010), ‘Contract Interpretation Redux’, Yale Law Journal, 119 (5), March, 926–64 18. Steven J. Burton (2013), ’A Lesson on Some Limits of Economic Analysis: Schwartz and Scott on Contract Interpretation’, Indiana Law Journal, 88 (1), Winter, 339–60 Index
£278.00
Edward Elgar Publishing Ltd Autonomy and Self-determination: Between Legal
Book SynopsisEurope has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.Contributors include: X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. TurpTrade Review'Issues concerning autonomy and self-determination continue to take centre stage in international law and politics. This outstanding collection of chapters brings together leading voices on the subject, to offer expert insights and perspectives on this controversial issue at a time of uncertainty. The work will be of immediate interest to scholars and practitioners of international law, international relations and politics. Students are likely to find the text accessible and well researched, drawing on a multitude of sources.' --Joshua Castellino, Middlesex University, UKTable of ContentsContents: 1. Introduction Peter Hilpold 2. Self-determination and Autonomy: Between Secession and Internal Self-determination Peter Hilpold 3. The Relevance of Democratic Principles to the Self-Determination Norm Brad R. Roth 4. Self-Determination and Secession: Similarities and Differences Rein Müllerson 5. The Referendum as an Instrument for Decision-making in Autonomy-related Situations Markku Suksi 6. Secession as a New Constitutional Problem: the question of independence in autonomy systems Ulrike Haider-Quercia 7. ‘Free at Last’? Scotland, Independence and EU Membership Hannes Hofmeister and Belen Olmos Giupponi 8. Italian Approaches to Self-determination: Theory and Practice Antonello Tancredi 9. The Kurds between Discrimination, Autonomy and Self-determination Stefan Oeter 10. Autonomy and Self-determination in Spain: a Constitutional Law Perspective Xabier Arzoz 11. Autonomy and Self-determination in Spain: Catalonia’s Claims for Independence from the Perspective of International Law Eugenia López-Jacoiste 12. Self-determination, Autonomy, Independence, and the Case of Québec Daniel Turp and Anthony Beauséjour Index
£121.00
Edward Elgar Publishing Ltd Chinese Perspectives on the International Rule of
Book SynopsisBuilding upon an understanding of the rule of law as an ?'essentially contested concept?', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level.In particular, chapters focus on China?s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China?'s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems.This book will hold particular appeal for students and scholars of Chinese Law, International Law, EU-China Relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.Trade Review'In this academically rich, thoughtful and nuanced analysis of rule of law-related discourses and practices in China, Burnay addresses the prospects for the emergence of a consensus on the rule of law and the international rule of law. An important contribution to the ongoing debate about law and politics in China and beyond.' --Eva Pils, King's College London, UK'This book provides a comprehensive overview and timely analysis of how China understands the rule of law and the international rule of law. It helps readers understand the political, social, economic and historical contexts within which the ''Chinese characteristics'' are formed, as well as the differences between Chinese perspective and European perspectives on the international rule of law. In this valuable research on the development of the rule of law in China, Matthieu Burnay inspires reflections on how China has changed and how China can be changed.' --Jing Men, College of Europe, BelgiumTable of ContentsContents: Introduction 1. The rule of law: origins, prospects and challenges 2. From the rule of law to the international rule of law 3. The Socialist Rule of Law with Chinese Characteristics: zooming-out of a triangle? 4. China in the World Trade Organization: implications for the international rule of law 5. China in the UN Security Council: implications for the international rule of law 6. Chinese perspectives on the rule of law at the national and international levels Conclusions Bibliography Index
£122.40
Edward Elgar Publishing Ltd Gender, Alterity and Human Rights: Freedom in a
Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index
£109.00
Edward Elgar Publishing Ltd The End of Law: How Law’s Claims Relate to Law’s
Book SynopsisAugustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice.The End of Law applies Augustine's questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine's ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law's relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine's reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.This insightful book will be fascinating reading for law students and legal philosophers seeking to understand the perspective and commitments of natural law theory and the significance of Augustine. Readers with an interest in interdisciplinary approaches to legal theory will also find this book a stimulating read.Trade Review‘McIlroy’s book amounts to a wonderful conspectus, and synthesis, of centuries of thought about law, all packed into just less than 200 closely argued pages. . . should it be that government of the people, by the people, for the people shall perish from the earth in the next few years, McIlroy’s book is not a bad epitaph for it, and will serve as a decent reminder in years to come of all that we lost, and may – in time – have again.’ -- Nicholas J. Mcbride, Cambridge Law Journal‘This is a very timely book. A purely scientific approach to law has left us thinking for decades that it is the only possible approach, despite the dangers to which it has or might still lead us. A philosophical or, even, a theological approach to law shows that other analyses of law are still possible.It is the great merit of this book to offer one of these ways of thinking about law in our world today.’ -- Actu-Juridique‘The End of Law is a commendably dissenting intervention into the debate about how to shore up the foundations of law at a time of deepening uncertainty about what law is for and whether it is anything more than the outcome of a power contest. It’s thus also a -- timely one, at a moment when a legitimate moral pluralism threatens to collapse into a dangerous cultural and political fragmentation that places democracy and the rule of law in serious jeopardy.’– Jonathan Chaplin, Theos Think Tank'For some time, theistic Natural Law Theory has been dominated by the Thomism of the New Classical Natural Lawyers. In this book, David McIlroy develops an Augustinian, which is to say, more critically realist, reinterpretation of that tradition. Wide-ranging, erudite and accessible, this book provides refreshing and provocative new perspectives on the perennial questions of jurisprudence.' --Julian Rivers, University of Bristol, UK'This erudite and elegant volume offers a novel natural law theory of justice, law, and authority that is firmly grounded in the enduring teachings of St. Augustine but deftly engaged with a wide range of contemporary jurists, philosophers, and theologians. This is a book that can be read in an evening or two, but savoured for many years. Highly recommended.' --John Witte Jr., Emory University, USTable of ContentsContents: 1. What is the difference between a kingdom and a band of robbers? 2. What on earth are we talking about? 3. An end to war 4. The rule of law and the law of rules 5. The stable door 6. The good ending 7. Critical natural law 8. Justice: the terrible truth? 9. The agony of the law 10. The final judgment
£96.69
Edward Elgar Publishing Ltd Legal Doctrinal Scholarship: Legal Theory and the
Book SynopsisProviding a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship.Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.Trade Review‘In this volume, Ma´tya´s Bo´dig compellingly articulates a theory of legal doctrinal scholarship which deals with these questions and, more generally, with the epistemological and political implications of cultivating doctrinal knowledge about the law in the context of a modern state. Bo´dig’s theoretical strategy helps substantiate the assumption that rationality in law is a regulative ideal which legal scholars - and other participants - can live up to. Furthermore, it shows that the rational reconstruction of the law need not renounce its commitment to the legal sources. Although these are not the only ones, these achievements alone make Bo´dig’s work worthy of applause.’ -- Mari´a I Besomi, The Edinburgh Law Review'Competent legal scholars need to be familiar with the right ways in which claims about the law can be vindicated, but this does not imply they possess great awareness of either the epistemic status or the political implications of their scholarship. These are important and complex matters, whose grasp would greatly improve both our understanding of legal scholarship and assist legal scholars in further refining their art. Professor Bodig's Legal Doctrinal Scholarship faces up to the challenge of investigating the epistemology and politics of doctrinal scholarship with great skill and insight, providing a fresh perspective on a crucial aspect of the legal experience.' -- Claudio Michelon, University of Edinburgh, UK'The overwhelming majority of the work of legal scholars is doctrinal in nature: it analyses, defines, redefines and systematises legal concepts. The present volume offers a thorough, yet novel approach to how legal theory could and should help doctrinal research. Bódig illuminates convincingly the various epistemological and political philosophical preconditions of doctrinal legal scholarship, and how they differ in interdisciplinary research. It is an excellent read for all those legal scholars who wish to reflect theoretically on all these questions.' -- András Jakab, University of Salzburg, Austria'Bódig takes a fresh approach to the debate on legal scholarship by focusing on the epistemological profile of doctrinal research and connecting this with legal theory. This is the basis for identifying and addressing the challenges for interdisciplinary engagement. An original book providing much food for thought.' -- Wibren van der Burg, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction 2. Legal theoretical parameters 3. Doctrinal knowledge and modern state law 4. Legal doctrinal scholarship 5. The challenge of interdisciplinary engagement for legal scholarship 6. Legal theoretical implications Index
£104.00
Edward Elgar Publishing Ltd Evaluating Academic Legal Research in Europe: The
Book SynopsisLegal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective. The expert contributions explore developments relating to professional vs academic publications, editorial review vs peer review, rankings of journals and law schools vs other reputation mechanisms and a range of other evaluation practices and their intended and unintended effects. Analysing research evaluation practices across more than ten jurisdictions and multiple contexts, this insightful book reveals how evaluation practices differ across Europe. Through this analysis, the book exposes a range of possibilities for further debate and study. Engaging and topical, Evaluating Academic Legal Research in Europe will be valuable reading for legal academics, university and faculty managers, higher-education policy-makers and administrators as well as editors of law journals, legal publishers and research foundation and funding bodies.Contributors include: A. Bakardjieva Engelbrekt, K. Byland, D. Costa, J. Hojnik, P. Letto-Vanamo, A. Lienhard, D. Mac Síthigh, E. Maier, G. Peruginelli, N. Petersen, K. Purnhagen, A. Ruda Gonzalez, M. Schmied, M. Snel, R. van GestelTrade Review'I had the privilege to work with Andreas Lienhard on the topic of Evaluation of Legal Research in Switzerland. In a much needed further step, he has now, with Rob van Gestel, masterfully broadened the perspective on the European level. As the insightful introduction of the book shows, evaluating academic legal research is neither obvious nor easy. By comparing various national approaches, this book goes a long way towards better understanding a complex and high-stakes matter.' --Thierry Tanquerel, University of Geneva, Switzerland'[Law] is a discipline that is both venerable and vulnerable. In many ways, the legal discipline (my discipline) lags behind most of the other academic domains. If we want our discipline to catch up with the others, we need to develop reliable and transparent international standards for evaluating its quality. I truly hope that this great comparative book, with contributions from the finest legal scholars, will help us make significant progress. This is an issue that needs our urgent attention.' --Carel Stolker, President of Leiden University and author of Rethinking the Law School - Education, Research, Outreach and GovernanceTable of ContentsContents: Preface Introduction Rob van Gestel and Andreas Lienhard 1. Evaluation of academic legal publications in the United Kingdom Daithi MacSithigh 2. Evaluation of academic legal publications in The Netherlands Rob van Gestel and Marnix Snel 3. Evaluation of academic legal publications in Germany Kai Purnhagen and Niels Petersen 4. Evaluation of academic legal publications in Austria Elisabeth Maier 5. Evaluation of academic legal publications in Switzerland Andreas Lienhard, Karin Byland and Martin Schmied 6. Evaluation of academic legal publications in Sweden Antonina Bakardjieva Engelbrekt 7. Evaluation of academic legal publications in Finland Pia Letto-Vanamo 8. Evaluation of academic legal publications in Italy Ginevra Peruginelli 9. Evaluation of academic legal publications in France Delphine Costa 10. Evaluation of academic legal publications in Spain Albert Ruda-González 11. Evaluation of academic legal publications in Slovenia Janja Hoinik 12. Evaluation of legal publications on the EU level Marnix Snel 13. Conclusion and discussion Rob van Gestel and Andreas Lienhard Index
£146.00
Edward Elgar Publishing Ltd Truyol y Serra's Doctrines of International Law
Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index
£93.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£85.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£25.95
Edward Elgar Publishing Ltd Research Handbook on Modern Legal Realism
Book SynopsisThis insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law.Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR.Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and sociolegal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.Trade Review'This splendid volume displays a wide range of methodologically diverse, theoretically rich, and empirically grounded scholarship that thrives in the ''big tent'' of the new legal realism intellectual enterprise. The chapters creatively draw on both disciplinary and interdisciplinary social science frameworks to demonstrate the power and meaning of law in action throughout multiple social, economic, and political contexts around the globe. The book is a major achievement. Highly recommended for scholars and teachers of law!' -- Michael McCann, University of Washington, US'In every way imaginable this volume is superb. It picks up where the Old Legal Realism left off, and shows what the New Legal Realism has to offer. Its contributors are a who's who in their fields. Their well-written chapters are packed with insights. The book will serve a diverse audience. As a whole, the volume will force everyone who looks at it to place their interests in broad context. It is a stunning achievement.' -- Malcolm M. Feeley, University of California, Berkeley, US’This exciting Research Handbook is an essential resource on the New Legal Realism (NLR), which developed a distinctive genre of empirical research of law. The Research Handbook powerfully exemplifies NLR’s integrative strategy, which deploys mixed methods (qualitative and quantitative as well as observational and experimental) and is attentive to the challenge of translation between social science and law. Covering a wide range of timely topics, this rich Research Handbook provides valuable insights on legal institutions and the individuals and organizations that encounter law.’ -- Hanoch Dagan, Tel Aviv University, IsraelTable of ContentsContents: 1 Introduction to the Research Handbook on Modern Legal Realism 1 Shauhin Talesh, Elizabeth Mertz and Heinz Klug PART I VARIETIES OF LEGAL REALISM – THEN AND NOW 2 Realism then and now: using the real world to inform formal law 21 Elizabeth Mertz (with Marc Galanter) 3 East Coast Legal Realism and its progeny 36 Laura Kalman 4 From the periphery to the center and back? A brief history of Midwest Legal Realism 49 Paul Baumgardner and Ajay K. Mehrotra 5 European New Legal Realism: towards a basic science of law 67 Jakob v. H. Holtermann and Mikael Rask Madsen 6 Lessons for new Legal Realism from Africa and Latin America 82 Alexandra Huneeus and Heinz Klug PART II LEGAL REALIST SCHOLARSHIP MEETS CURRENT DILEMMAS SECTION A POLICING 7 Police violence in São Paulo: Between the asphalt and the hill 100 Sebastian Sclofsky 8 Police torture, a case for interdisciplinarity 112 Nick Cheesman 9 A Legal Realist approach to black-on-black policing 124 Devon W. Carbado and L. Song Richardson SECTION B IMMIGRATION 10 Transgressing boundaries through new Legal Realist approaches: Affinity and collaboration within ethnographic research on immigration law and policy 148 Susan Bibler Coutin 11 Enacting immigration politics in a juridical register 161 Leila Kawar and Jonathan Miaz 12 Critical legal rhetoric takes on immigration and refugee law 176 Sara L. McKinnon SECTION C LEGAL EDUCATION 13 New Legal Realism goes to law school: Integrating social science and law through legal education 191 Emily Taylor Poppe 14 Teaching an interdisciplinary law class 208 Marsha Mansfield and Elizabeth Mertz 15 Ambition and reality: Reforms of legal studies at the Faculty of Law at the University of Copenhagen 223 Louise Victoria Johansen and Anne Lise Kjær 16 New Legal Realism, eCRT, and the future of legal education scholarship 240 Meera E. Deo SECTION D INTERNATIONAL LAW, GLOBAL STANDARDS, AND REGIME CHANGE 17 The uses and abuses of global social indicators 263 David Nelken and Mathias Siems 18 “The life of the law has not been logic; it has been experience”: International legal ethnography and the New Legal Realism 277 Jens Meierhenrich and Richard Ashby Wilson 19 The judicialization of politics? 294 Heinz Klug SECTION E ACCESSING JUSTICE THROUGH LAW 20 A realist perspective on legal strategy in (the) practice 309 Liora Israël 21 Access to justice 323 Rebecca L. Sandefur 22 Planet of the insurers: how insurers shape and influence law and impact access to justice 335 Shauhin Talesh 23 Rendering rural property visible to law: a role for New Legal Realism 353 Thomas W. Mitchell 24 Urban property and housing rights in the time of the coronavirus 375 Lisa T. Alexander PART III DISCIPLINARY PERSPECTIVES 25 Anthropology 393 Riaz Tejani 26 Sociology of law and New Legal Realism 412 Calvin Morrill and Lauren B. Edelman 27 The pitfalls and promises of a New Legal Realism rooted in political science 431 Jeb Barnes 28 Psychology and legal realism 445 Tom R. Tyler 29 User’s guide to history 463 Sarah A. Seo 30 Jurisprudence and legal theory 478 Brian H. Bix 31 Law as a discipline: Legal theory, interdisciplinary legal theory, and ways of speaking legitimacy to power 489 Bryant G. Garth Index
£230.00
Edward Elgar Publishing Ltd Research Handbook on Law and Emotion
Book SynopsisThis illuminating Research Handbook analyses the role that emotions play, and ought to play, in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for legal officials and practitioners.Trade Review‘This book represents a delightful intellectual companion as well as an urgently needed interdisciplinary anthology. I wholeheartedly recommend lawyers’ engagement with this collection, and I wish it will be adopted by (law) schools around the world as an essential reading.’ -- Riccardo Vecellio Segate, Nordic Journal of Human Rights'It's high time that we appreciate the importance for law of emotions, like anger, disgust or empathy. Should law embrace emotion as inevitable, or discourage it for warping judgments and hampering fairness? The editors have gathered an impressive interdisciplinary range of perspectives on this flourishing field. Their superb collection of contributors reveal the importance of emotion not only in criminal law, but in bankruptcy, evidence, international law and other arenas. The power of emotion matters not only for juries, but for judges, legal educators and legislators. The Research Handbook of Law and Emotion is an innovative and thoughtful contribution that brings order to a complex unruly field.'Table of ContentsContents: Introduction 1 Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White PART I FOUNDATIONS PSYCHOLOGY 1 Lay conceptions of emotion in law 15 Terry A. Maroney NEUROSCIENCE 2 The evolving neuroscience of emotion: challenges and opportunities for integration with the law 27 Maria Gendron PHILOSOPHY 3 Law’s sentiments 44 Robin West PEDAGOGY 4 “Whose body is this?” on the role of emotion in teaching and learning law 62 Gillian Calder PART II EMOTIONS 5 When souls shudder: A brief history of disgust and the law 80 Carlton Patrick 6 Retribution: Not anger but respect for dignity 94 Jeffrie G. Murphy 7 Closure in the criminal courtroom: The birth and strange career of an emotion 102 Susan A. Bandes 8 The aptness of anger 119 Amia Srinivasan 9 Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion 131 Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith PART III LEGAL ACTORS 10 Comparing culturally embedded frames of judicial dispassion 147 Åsa Wettergren and Stina Bergman Blix 11 The loyal defence lawyer 165 Lisa Flower 12 Researching judicial emotion and emotion management 180 Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack PART IV LEGAL DOCTRINES 13 Family law and emotion 197 June Carbone and Naomi Cahn 14 Debt’s emotional encumbrances 215 Pamela Foohey 15 The emotional dynamics of property law 229 Heather Conway and John Stannard 16 ‘…You don’t pay £100,000 to a lawyer unless you care about something’: The role of emotion in contract law 248 Emma Jones 17 Engaging head and heart: An Australian story on the role of compassion in criminal justice reform 268 Lorana Bartels and Anthony Hopkins PART V LEGAL DECISION-MAKING 18 Emotional evidence in court 288 Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler 19 Emotional dimensions of visual evidence 312 Neal Feigenson 20 Distancing devices and their challenge to judicial emotion realists – so far, yet so near 327 Lee Marsons 21 The emotional storying of Charles Ssenyonga as an HIV sexual predator in June Callwood’s ‘Trial Without End: A Shocking Story of Women and AIDS’ 342 Jennifer M. Kilty PART VI HISTORY OF LEGAL EMOTIONS 22 Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy 359 Emilia Musumeci 23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374 Amy Milka and David Lemmings 24 Copping an attitude: Slang and the neglected racial history of fear and resentment toward law enforcement and legal authority 391 Nicole Mansfield Wright 25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe 407 Simon Stern 26 Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life 421 Kathryn D. Temple PART VII BEYOND THE COURTROOM LEGISLATION 27 Soft targets: Emotions in the passage of “stand your ground” legislation 438 Jody Lyneé Madeira and Catherine Wheatley INTERNATIONAL LAWS AND TRIBUNALS 28 Between micro and macro justice: Emotions in transitional justice 460 Susanne Karstedt 29 How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law 477 Rebecca Sutton 30 Images of reach, range, and recognition: Thinking about emotions in the study of international law 492 Emily Kidd White PART VIII CLASSIC ARTICLES 31 Empathy, narrative, and victim impact statements (1996) 514 Susan A. Bandes 32 Law and emotion: A proposed taxonomy of an emerging field 534 Terry A. Maroney 33 Who’s afraid of law and the emotions 566 Kathryn Abrams and Hila Keren Index 601
£237.00
Edward Elgar Publishing Ltd Research Handbook on Law and Marxism
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.The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarlydisciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.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
£240.00
Edward Elgar Publishing Ltd The Quest for Rights: Ideal and Normative
Book SynopsisIn an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both ''ideal'' and ''critical'' perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.Trade Review'The Quest for Rights explores both the meaning of, and justification for, fundamental constitutional rights. It is a quest to establish a strong meaning of the normativity of law, and its role in the social acts of positive law and legal instantiation. The incredibly varied contributions philosophically and critically engage with the thesis of Robert Alexy's ideal dimension of law, and offer a wide discussion of political and legal reasoning alongside the quest for proportionality in the realization of rights. This masterful book should be considered key reading in legal philosophy.' --Jean-Yves Cherot, Aix Marseille University, France'The Quest for Rights brings together an impressive array of scholars to discuss the central issues of human rights and constitutional law: grounds and legitimacy, pluralism and harmonisation, and proportionality and balancing. It is an admirable collection.' --Brian H. Bix, University of Minnesota Law School, US'The book offers an original discussion about law and rights and substantial contributions to the concept of subjective rights which, as Niklas Luhmann said, ''is probably the most important achievement of the evolution of law in modern times.'' It covers rights discourse in legal theory, in the human rights régime, in constitutional law and in private law and focuses on the relation between rights and justice, in which the ideal dimension of law is to be found.' --Thomas Gutmann, University of Muenster, GermanyTable of ContentsContents: Introduction Massimo La Torre, Leone Niglia and Mart Susi 1. A Non-Positivistic Concept of Constitutional Rights Robert Alexy 2. Radbruch’s Formula and Human Rights Martin Borowski 3. The Practice-Independency of Human Rights Luís Pereira Coutinho 4. Constitutional Rights as Moral Judgments Pavlos Eleftheriadis 5. A Response to Estonian Critics of Principles Theory Madis Ernits 6. How Right is the Basis of Law Matthias Kaufmann 7. Turning proportionality upside down: from legitimising principle to critical tool Agustín José Menéndez 8. Human Rights are not Universal and can not be Natural Rein Müllerson 9. Between “Institutionalizing Reason” and Private Law: A Comparative Map of Influences Leone Niglia 10. Balancing fundamental rights on the Internet – proportionality paradigm and private online capabilities Mart Susi 11. An Existential Foundation for Human Rights— Meaning Before Justification Massimo La Torre 12. Principles and policies: once more Kaarlo Tuori Index
£104.00
Edward Elgar Publishing Ltd Jurisprudence in a Globalized World
Book SynopsisIn this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world. Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy. Contributors include: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Günther, M. Jovanovic, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. TwiningTrade Review'Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining's jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering - not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.' --Shaun McVeigh, The University of Melbourne, Australia'The globalization of law remains the biggest challenge for jurisprudence - our notion and understanding of law, law's unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!' --Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface viii 1 Introduction 1 Jorge Luis Fabra-Zamora PART I SETTING THE SCENE 2 Jurisprudence and globalisation 14 William Twining PART II METHODOLOGICAL QUESTIONS 3 Legal encounters with alterity in post-monist mode 26 Horatia Muir Watt 4 “Global/transnational law” challenges to theorizing about law 54 Miodrag Jovanović 5 Normative legal pluralism: a critique 84 Klaus Günther 6 Global historical jurisprudence: relating law and power in a global context 100 Maksymilian Del Mar PART III CONCEPTS AND CONCEPTUAL TOOLS 7 Globalisation and the concept of legal order 128 Hans Lindahl 8 Reining in pluralist jurisprudence with the rule of law 155 Matthew Grellette 9 Redrawing the legal relation 174 George Pavlakos PART IV NORMATIVE ISSUES: LEGITIMACY AND DEMOCRACY 10 Cosmopolitan legitimacy 196 Pavlos Eleftheriadis 11 Global constitutionalism without global democracy? Human rights and human dignity in a corporate world 222 Cristina Lafont 12 Neither democratic nor constitutional but legitimate: fragmentation and the legitimation of international law 247 Kevin W. Gray Index 268
£105.00
Edward Elgar Publishing Ltd Law in the First Person Plural: Roots, Concepts,
Book SynopsisThe first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the people. Providing an innovative understanding of Rousseau's politico-legal philosophy, this book illustrates the legal significance of plural agency and what it means for a people to act together: What do people share when using the word 'we'? What makes a people's actions political? And what exactly is 'bodily' about their joint commitment? Testing these ideas in three controversial modern debates - bio-technology, immigrant rights and populism - Van Roermund offers a critical assessment of 'political theology' in contemporary legal environments and establishes a new interpretation of joint action as bodily entrenched. Incisive and cutting-edge, this book is crucial reading for scholars of jurisprudence and legal and political philosophy, particularly those with a focus on Rousseauian theory. Students of jurisprudence and constitutional theory will also benefit from its philosophical and political insights, as well as its discussions of pressing real-world issues.Trade Review'Precision and vitality of thought are often at odds in works of legal philosophy. Never so in the work of Bert van Roermund, whose new book Law in the First Person Plural takes us back to Rousseau, just in time. We are fortunate to be able to think with him about what is popular and what is constitutional or legislative, political or institutional, in the contexts of popular constitutionalism, the EU's democratic deficit and more.' --Bonnie Honig, Brown University, USTable of ContentsContents: Preface Introduction Part I Roots: Re-Reading Rousseau 1. An Inconvenient Legacy 2. Meeting the Challenges Part II Concepts: We As a Body Politic 3. First Person Plural Legislature 4. Joint Law Making: From Reference to Action 5. A first person plural body? Part III Topics: First Persons Plural in the Flesh 6. The Embryo as First Person Plural Concept in EU Law 7. Migrants, Humans and Human rights: Freedom of Movement in a First Person Plural Key 8. The Half Truth of Contemporary Populism: Keeping a False ‘We’ at Bay Bibliography Index
£105.00
Edward Elgar Publishing Ltd Rethinking Law and Language: The Flagship
Book SynopsisThe 'law-language-law' theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Focusing on the multilevel phenomenon of 'speech', Jan M. Broekman explores the history of this theme, from the West-European Middle Ages, through to today s globalization. Existing philosophical concepts are studied for their views on 'alter', other and otherness in speech, alongside scientific approaches including 'semiotics', 'structuralism' and, in particular, 'legal consciousness'. This state-of-the-art book unveils today s problems with the two faces of language: the analog and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. Innovative and explorative, Rethinking Law and Language will be of value to law scholars, social scientists and psychologists alike. The investigation of professional language and the impact of digital communication on social relations will also appeal to judges and other officials as well as politiciansTrade Review'Ties between law and language have always been of interest in socially problematic situations as well as in legal and speech events in everyday life. Rethinking them brings us to Thomas Hobbes' Leviathan and later developments in Central European jurisprudence, to Marxian considerations, structuralism and sign theories. Unique in this book is the author's focus on problems with the two faces of language: the analog and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. How does law answer that challenge and is developing cyberlaw enough? Such questions remain unanswered as long as we do not focus on our personal responsibility for the event we call ''speech'' - the name of the flagship language - no matter whether we speak, Tweet or write on Facebook.' --Frank Fleerackers, KU Leuven, Belgium'A central thesis of this book is its recognition of the double definition of the term ''word'', which has also been neglected in studies of law and language relations. A ''word'' exists in analog and digital types of language, whereas conversions among those types seem to catastrophically diminish the appreciation and effects of a renewed appeal to personal responsibility inherent to speech. Any philosophy of the language-law relationship, the book suggests, should establish ''digit studies'': a branch that studies the digital media structures and its effects on languages around the globe.' --Anne Wagner, Lille University, France'I am struck by the way in which the book very convincingly weaves the idea of ''legal consciousness'' into the larger framework of legal semiotics, making the former inescapably an essential element of the latter. By all rights: that should serve as the headwater of a broad flow of discourse on the nature of law and language. Let's hope that this endeavour finds a good number of intelligent readers who are moved to respond.' --Philip T. Grier, Dickinson College, USTable of ContentsContents: 1. Rethinking Speech 2. Hobbes’ Frontispiece 3. Von Savigny’s ‘People’ 4. Signs Signify 5. Structuralism And Law 6. Alter’s Presence 7. What Language, What Law? 8. Word, Seme, Digit 9. The Flagship’s Wreckage References Index
£110.00
Edward Elgar Publishing Ltd Teaching the Essentials of Law and Economics
Book SynopsisTeaching the Essentials of Law and Economics covers the core areas of law and economics, also known as the economic analysis of law, in non-technical terms with guiding notes throughout the text. Replete with cases and illustrations, it may be used both as a lecture guide for instructors, and as a basic text for students. The author provides an up-to-date and succinct account of the application of economic analysis to legal doctrines, institutions and legal reform. Classic cases taken from Anglo-American common law, with some consideration of civil law, along with more recent material, are used to illustrate the analysis. The book has a non-technical, built-in system designed to guide teaching as well as private study of the material. Professors and instructors teaching this growing field of inquiry as well as legal scholars interested in the influence of economics on American law, economists analyzing the incentive structure of legal systems and doctrines, public-policy students considering legal reform and judges and legal personnel seeking a succinct treatment of economics of law will be indebted to the author for this guide to Teaching Essentials of Law and Economics.Trade Review'Professor Antony Dnes has written a few books in Law and Economics to general audiences in the last decades. But this is not just another book introducing law and economics to lawyers, economists, social scientists and policy makers. This is a different book in teaching the essentials of law and economics. Why different? The reason is that it provides for a unique combination of the standard introduction to law and economics, as typically taught in advanced degrees in universities across the world, with a novel approach to focusing on fundamental concepts and practical examples. Furthermore, each chapter concludes with a thorough state-of-the-art literature review offering different perspectives. The book can be explored alongside more traditional study materials, thus benefitting students and instructors. It can be used by legal practitioners as a quick access to specific topics or notions in law and economics. It can be read by the general public looking for a simple, yet rigorous, explanation for economic insights to legal policy.' --Nuno Garoupa, George Mason University, USTable of ContentsContents Preface 1. What is “Law and Economics?” 2. Property rights. 3. Conflicts over property rights 4. Contracts, information and trade 5. Breach of contract 6. Essential economics of tort law 7. Crime and punishment Index
£93.00
Edward Elgar Publishing Ltd State Theory and the Law: An Introduction
Book SynopsisThere has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today’s western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages – the three layers constituting the modern state – and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.Trade 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
£94.00
Edward Elgar Publishing Ltd Legal Certainty in the Preliminary Reference
Book SynopsisThis forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges’ legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn’s approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.Trade Review‘Scholars of EU law have long neglected the works of American legal theorists, and the value they possess for establishing stronger insights into the EU legal order. In utilising the work of Llewellyn, and applying it to a European judicial setting, this book by Cotter is a remarkable piece of scholarship in EU legal theory, and on the judicial nature of the Court of Justice of the European Union.’ -- Graham Butler, Aarhus University, Denmark‘How can legal certainty be ensured in the preliminary rulings procedure? Drawing on the work of Karl Llewellyn, John Cotter’s important book identifies certain ‘steadying factors’ that can help in the search for robust judicial outcomes. It will appeal to anyone interested in the CJEU and EU law more broadly.’ -- Anthony Arnull, University of Birmingham, UKTable of ContentsContents: Preface PART I INTRODUCTION 1. Obstacles to Legal Certainty in the Preliminary Reference Procedure 2. ‘Steadying Factors’ in the Article 267 TFEU Preliminary Reference Procedure 3. ‘The Argument and ‘First Principles’ PART II INTERNAL EXTRA-LEGAL STEADYING FACTORS 4. The Steadying Effect of ‘Law-Conditioned Officials’ 5. ‘The Judges of the Court of Justice and ‘Law Conditioning’ PART III EXTERNAL EXTRA-LEGAL STEADYING FACTORS 6. The Steadying Effect of an Independence–Accountability Balance: A Hypothesis 7. ‘Susceptibility to Countermeasures for ‘Scenario 1’ (‘Legal and Acceptable’) Rulings 8. Susceptibility to lawful countermeasures for ‘scenario 2’ (‘legal’, but ‘unacceptable’) rulings 9. Susceptibility to Unlawful Countermeasures for ‘Scenario 2’ (‘Legal’, but ‘Unacceptable’) Rulings 10. Susceptibility to Countermeasures for ‘Scenario 3’ (‘Illegal’, but ‘Acceptable’) and ‘Scenario 4’ (‘Illegal’ and ‘Unacceptable’) Rulings PART IV PROCEDURAL EXTRA-LEGAL STEADYING FACTORS 11. The Order for Reference as ‘Steadying Factor’ I: ‘Issues Limited, Sharpened, and Phrased in Advance’ 12. The Order for Reference as ‘Steadying Factor’ II: ‘A Frozen Record from Below’ 13. The Steadying Effect of Argument before the Court of Justice 14. The Steadying Effect of ‘A Known Bench’ 15. Steadying Factors in Deliberative and Decision-making Procedures 16. Conclusion Bibliography Index
£104.00
Edward Elgar Publishing Ltd The Rule of Law, Economic Development, and
Book SynopsisGrounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.Trade Review'Nadia E. Nedzel's The Rule of Law, Economic Development, and Corporate Governance applies the concepts of the rule of law to the real world and how it affects real lives through its impact on freedom, economic development, and even corporate governance. But she also shows us that asking law to do too much-trying to make people ''do good'' instead of ''not doing bad''-can threaten the rule of law itself. A splendid overview of the history, jurisprudence, and practical import of the rule of law.' --Todd Zywicki, George Mason University, USTable of ContentsContents: Preface: 1. Introduction: Two Different Western Models 2. The Growth of the English Rule of Law 3. The Development of the Continental Rule through Law 4. The United States, Checks and Balances, and a Commercial Republic – An Experiment 5. The Conflict between Rechtsstaat and the Rule of Law in the United States 6. Economic Development in Europe and the United States 7. Economic Freedom, Development, and Entrepreneurship: The Dominance of Common Law 8. Corporate Governance Index
£95.00
Edward Elgar Publishing Ltd Vox Populi: Populism as a Rhetorical and
Book SynopsisThis timely and engaging book examines the rise of populism across the globe. Combining insights from linguistics, argumentation theory, rhetoric, legal theory and political theory it offers a fully integrated characterization of the form and content of populist discourse. Throughout the book, eminent scholars address questions central to the topic, such as: how does populism manifest itself rhetorically; how does it relate to liberal democracy; and how can the populist challenge be confronted? Carefully selected case studies are used to examine how populist behaviour deviates from that which we would expect to be the norm in a liberal democracy, for example through the use of obnoxious language and refusal to substantiate vulgar claims. The book also provides key insights into more fundamental issues, such as the opposition between the 'real' people versus the elite and the longing for a 'Heimat'. Offering an in-depth analysis and evaluation at the intersection of language, law and politics, Vox Populi will be of great benefit to students and scholars from a range of disciplines.Table of ContentsContents: PART I: CONCEPTUAL ISSUES 1. Introduction: The Study of Populism Henrike Jansen, Bart van Klink and Ingeborg van der Geest 2. The Rhetorical Stance of Populism David Zarefsky and Dima Mohammed 3. On Populism as a ‘Spectre’, and Unmanageable Concept Massimo La Torre PART II: CONSTRUCTION OF THE PEOPLE 4. Identifying Populism in Political Discourse: A Two-Step Corpus Analysis Henk Pander Maat 5. The Populist Construction of ‘One Nation’ in Politics: The Case of Turkey Yeliz Demir 6. The Different Faces of Populism: Discursive Shifts under Obama and Trump Carina van de Wetering PART III: POPULISM AS A STYLE 7. Suggesting Outsider Status by Behaving Improperly: The Linguistic Realisation of a Populist Rhetorical Strategy in Dutch Parliament Ton van Haaften and Maarten van Leeuwen 8. Populism and Parliamentary Argumentation Games Bertjan Wolthuis 9. Low Style the High Way: Rhetorical Mainstreaming of Populism Lisa Storm Villadsen PART IV: DEMOCRACY AND REPRESENTATION 10. The Immediacy of Populism and the Unrest of Democracy: A Phenomenological Inquiry into the Public Sphere Luigi Corrias 11. The Promise and Peril of Designing: A Radical Democratic Populism Laura M. Henderson 12. The Policy Dimension of Populism: A Comparative Approach of Party System Analysis Oliver W. Lembcke PART V: RESPONSES TO POPULISM 13. Values in Populism and Argumentative Counter-Strategies: The Case of Viktor Orbán Marija Sniečkutė 14. From Fact-Checking to Rhetoric-Checking: Extending Methods for Evaluating Populist Discourse H. José Plug and Jean H. M. Wagemans 15. How to Confront the Populist Challenge? Bart van Klink and Ingeborg van der Geest Index
£105.00
Edward Elgar Publishing Research Handbook on Law and Utilitarianism
Book Synopsis
£220.00
Edward Elgar Publishing Ltd Comparative Law as Critique
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
£32.25
Edward Elgar Publishing Ltd Advanced Introduction to Legal Reasoning
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Legal Reasoning
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index
£19.95
Edward Elgar Publishing Ltd Controlling EU Agencies: The Rule of Law in a
Book SynopsisControlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Türk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. WoodTrade Review'This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).' --Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, USTable of ContentsContents: 1 Controlling EU agencies: an introduction 1 Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer PART I CONTROL IN A MULTI-JURISDICTIONAL SETTING OF THE EU: CONCEPTUAL PERSPECTIVE 2 EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law 18 Mariavittoria Catanzariti and Alexander H. Türk 3 Opportunities and threats of agency autonomy in EU governance: integrating separate debates 39 Bjorn Kleizen and Koen Verhoest 4 Accountability in a multi-jurisdictional order 60 Gijs Jan Brandsma and Carolyn Moser 5 Principle of effective judicial protection 80 Sacha Prechal and Rob Widdershoven 6 Judicial review and judicial deference 98 Paul Craig 7 EU agency tort law and its limited role in controlling agencies 117 Elbert de Jong 8 Protection of fundamental rights in a multi-jurisdictional setting of the EU 134 Frank Meyer 9 Transparency in the multi-jurisdictional setting of the EU 157 Anoeska Buijze PART II CONTROL IN THE INSTITUTIONAL SET UP AND OPERATION OF EU AGENCIES 10 Out of control? The case of the European Asylum Support Office 177 Salvatore F. Nicolosi and David Fernandez-Rojo 11 Controlling the European Food Safety Authority 196 Simone Gabbi, Matthew Wood and Béla Strauss 12 Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers 215 Federica Cacciatore and Mariolina Eliantonio 13 Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters 234 Tom Huisjes and Stanisław Tosza 14 Controls in the case of the EU civil aviation safety rules 252 Lisette Mustert and Miroslava Scholten 15 Controlling ESMA’s enforcement powers 272 Marloes van Rijsbergen and Marta Simoncini 16 Controlling the SRB’s resolution powers 293 Jolien Timmermans and Merijn Chamon 17 Towards a comprehensive system of controls for EU agencies 312 Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos Index 328
£126.00
Edward Elgar Publishing Ltd The International Rule of Law: Scope, Subjects,
Book SynopsisThis insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.Trade Review'Virtually everyone seems to agree that the rule of law is a good thing, but there is enormous variation in what it means domestically and, in particular, what it might mean internationally. In this important book Denise Wohlwend takes seriously the idea of an international rule of law that is more than just an extension of its domestic counterpart operating to the benefit of states. On the contrary, she argues, it should complement rather than compete with the political and legal aspirations of protecting individuals from unregulated power.' -- Simon Chesterman, National University of SingaporeTable of ContentsContents: 1. Introduction to The International Rule of Law 2. The rule of law 3. The rule of law in question 4. The emergence of the rule of law in international law and practice 5. Setting the stage for the international rule of law 6. The scope of the international rule of law 7. The subjects of the international rule of law 8. The generality of international law 9. The publicity of international law 10. The non-conflictingness and non-contradictoriness of international law 11. Conclusion to The International Rule of Law Index
£109.00
Edward Elgar Publishing Ltd Expert Laws of War: Restating and Making Law in
Book SynopsisOver recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. This theoretically grounded book bridges the divide between theory and practice by linking legal theory to the doctrinal and practical concerns of the laws of war. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'. At the same time, he explains why expert processes are so successful and why this should be of concern to all of us. Stimulating and challenging, this book will prove essential reading for students and scholars of public international law, legal theory, and those focussing on the laws of war more specifically. Its practical approach will also greatly benefit legal practitioners working in the field of military law.Trade Review‘Petrov’s Expert Laws of War provides a fresh perspective and scrutiny of an otherwise routinely used tool in IHL.’ -- Aisha Nazzal, University of Tasmania Law Review'This is an excellent work that fills a large gap in international humanitarian law. That gap is how to understand, utilise and value the soft law made by experts, which increasingly fills the spaces where hard law is yet to solidify. Such analysis makes this work an essential piece of scholarship for those who take progress in this area seriously.' --Alexander Gillespie, University of Waikato, New Zealand'This book aims at bringing to light the phenomenon of expert manuals, notable for example in the field of IHL. There is a tension between the deadlock in international treaty-making and the substitutive function of experts proclaiming to restate the law. Political legitimacy lies with those who do not act (states), while those who act are deprived of it (experts). A blind spot is thus brought to the fore in a highly engaging manner in this interesting book: to what extent is ''private legislation'' an acceptable avenue in the crafting of international legal rules? Can this process gloss over the insufficiencies of the law and ''restate'' it? Can it respond to the demands for law by the concerned actors, when States do not respond? --Robert Kolb, University of Geneva, Switzerland'What role do expert manuals play for the development of international humanitarian law? How can their great factual importance be reconciled with the rules on the sources of international law as well as requirements of legitimacy and representation? Anton Petrov's book is a lucid engagement with these questions. It will be of great value to scholars and practitioners in international humanitarian law and beyond.' --Helmut Aust, Freie Universität Berlin, GermanyTable of ContentsContents: 1. Introduction: Just another instance of expert rule? 2. A survey of expert processes in international humanitarian law 3. The methodological challenges of expert processes 4. Normatively flawed, but empirically valid expert manuals 5. The community of international humanitarian law 6. The expert groups’s interpretive authority 7. A critical review of expert groups as advocates of international humanitarian law 8. Conclusion: Expert processes as a mirror of life Bibliography Index
£104.00
Edward Elgar Publishing Ltd The EU and Constitutional Time: The Significance
Book SynopsisThis insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time. The author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.Trade Review‘Massimo Fichera examines the constitutional dimensions of the European Union in this learned and intellectually rich volume. He explains but also challenges many familiar constitutional concepts and categories. This book brims with ideas and is critical reading for anyone concerned with the problems and promises of modern constitutionalism.’ -- Richard Kay, University of Connecticut, US‘Massimo Fichera has produced a highly original and enlightening extended essay on the way in which the passage of time is factored into the constitutional imaginary both of the modern State and of the ‘postmodern’ European Union. In so doing, he offers an important response to those voices – theoretical and practical – that doubt the capacity of Europe to frame a common political future.’ -- Neil Walker, University of Edinburgh, UK‘This book defends the ambitious thesis that if constitutions articulate what a collective commits to over time, so, too, different interpretations of the temporality of commitment inform different constitutional ideal types. The fractal temporality of communal constitutionalism is well suited, to deal with the challenges of societal commitment in multi-level governance.’ -- Hans Lindahl, Tilburg University, the Netherlands, and Queen Mary University of London, UKTable of ContentsContents: 1. Constitutionalism ideal-types 2. Framing EU constitutional time: a future-oriented theory of constitutional change for the EU 3. The rule of law and populism 4. Longue durée and the economic constitution 5. Communal constitutionalism and the paradox of ‘large time’ 6. The EU and constitutional time: conclusions Bibliography Index
£80.00
Edward Elgar Publishing Ltd Hashtag Jurisprudence: Terror and Legality on
Book SynopsisThis thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a ‘hashtag jurisprudence’ can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.Trade Review‘Urgently needed and meticulously orchestrated, Hashtag Jurisprudence drags a frequently resistant jurisprudence into the milieu of social media and the culture of tweeps, terrorists and Twitter. Continuing in the fine tradition of lex populi or people's law, Cassandra Sharp embarks upon the vital theoretical and empirical work of analyzing these viral relays and crowd sourced critiques of legal practices.’ -- Peter Goodrich, Cardozo School of Law, New York, US‘Sharp’s study of the response to terror on Twitter is a brilliant exploration of the digital public square in the perpetual shadow of violence (from within law and without). How law’s imperatives and aspirations are shaped in the popular imagination will help to determine its future possibilities. Sharp is an intrepid guide on the way forward. Her grasp of the law and cultural studies movement is impeccable. She has given us a landmark study filled with new and provocative insights.’ -- Richard K. Sherwin, New York Law School, US‘Terror and social media have so far defined the twenty-first century. In this fabulous cross-disciplinary book, Cassandra Sharp focuses on how the intertwining of terror and social media has formed an emotive archive that prioritises legality. Within there is a witnessing of terror that immediately presents as affirming and critiquing existing legal forms. Sharp as an original contributor to cultural legal studies sees beyond the known problematics of platforms, to take seriously the representations of legality within the raw expressions by social media users in exceptional moments. Hashtag Jurisprudence highlights the gaps and disconnects between the formal institutional narratives of the law and the everyday jurisprudence that is immanent in the digital.’ -- Kieran Tranter, Queensland University of Technology, AustraliaTable of ContentsContents: Preface 1. Weaving the hashtag into the fabric of legality 2. Hashtagging as persuasive storytelling 3. Finding legality in a hashtag of terror 4. Terrorism as an inevitable possibility 5. Hashtag as coping strategy: ultimate justice, solidarity, and nationhood 6. Contagious emotions: fear and hope 7. Legality and a latent hashtag jurisprudence Bibliography Index
£83.00
Edward Elgar Publishing Ltd Conceptual (Re)Constructions of International Law
Book SynopsisThis timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.Trade Review‘This volume offers a deep dive into some of the most interesting questions at the intersection of philosophy and international law. It is brimming with thought-provoking insights and presented in a conversational style that opens, rather than forecloses, the conversation.’ -- Monica Hakimi, University of Michigan Law School, USTable of ContentsContents: Introduction 1 Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman PART I CONSTRUCTING INTERNATIONAL LAW 1 The interaction of doctrine and theory in (international) legal scholarship 9 Jörg Kammerhofer 2 Legal scholarship as design: A comment on Kammerhofer 27 Pauline Westerman 3 The Oxford Jurisprudence Circle: A lost legacy on customary (international) law 32 Andreas Hadjigeorgiou 4 The Oxford Jurisprudence Circle’s lost legacy: Transformational discovery or historical curiosity? Reply to Andreas Hadjigeorgiou 51 David Lefkowitz 5 Fragile, nascent, and in critical condition: Dworkin on international law 55 David Lefkowitz 6 Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law 74 Aaron Fichtelberg PART II DECONSTRUCTING INTERNATIONAL LAW 7 From decay to renewal in international law: Is a philosophy of international law possible? 80 Anthony Carty 8 Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty 98 Andreas Hadjigeorgiou 9 Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity 105 Maiko Meguro 10 On international law on language: observations from constructivism: A reply to Maiko Meguro 123 Tamar Megiddo 11 Opinio juris: test, filter, ideal or map? 127 Pauline Westerman 12 The myth of ‘identification’: Customary international law and international courts 145 Maiko Meguro PART III RECONSTRUCTING INTERNATIONAL LAW 13 Rootless sovereignty: Methods and foundations in international law 151 Aaron Fichtelberg 14 What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg 166 Anthony Carty 15 Peaks and valleys: Contemplating the authority of international law 171 Kostiantyn Gorobets 16 Wherefore ‘authority’? International law and the contest of legal cultures 188 Jörg Kammerhofer 17 International law as a ground for action 192 Tamar Megiddo 18 The individual and its fidelity to international law: a kaleidoscope – Reply to Tamar Megiddo 210 Panos Merkouris 19 The ‘correct interpretation’ premise in international adjudication 215 Panos Merkouris 20 Chasing the ‘correct interpretation’: Reply to Panos Merkouris 234 Kostiantyn Gorobets Index
£109.00
Edward Elgar Publishing Ltd Law’s Reality: A Philosophy of Law
Book SynopsisAllan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism.Examining all aspects of law and answering the important question of ‘What is Law?’, this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.Trade Review‘Professor Allan Beaver writes this book with lucidity, meticulousness and what is perhaps a rarer virtue in jurisprudential writings, a great sense of humour.... readers of this book will undoubtedly find that each part contains helpful elucidations, forceful arguments and original insights.’ -- Ziyu Liu, The Cambridge Law Journal‘This book is a sustained and penetrating application of the linguistic and social philosophy of John Searle to legal theory. Convincingly affirming the insufficiently explored interest of Searle’s work in this regard, questions, including the question What is Law?, are posed at a fundamental level, and highly interestingly answered. One initially will hesitate about a work of this ambition, but Beever’s previous critique of the foundations of obligations and of legal reason has allowed him to entertain, and in considerable measure satisfy, such ambition. This could be a path-breaking book.’ -- David Campbell, Lancaster University Law School, UKTable of ContentsContents: Introduction PART I THE PHILOSOPHY OF LAW AND JURISPRUDENCE 1. Jurisprudence 2. Philosophy PART II THE STRUCTURE OF THE SOCIAL WORLD AND THE ONTOLOGY OF LAW 3. Intentionality 4. Language 5. Background 6. Interpretation 7. Institutions 8. Law PART III RECONSTRUCTING THE PHILOSOPHY OF LAW 9. Directions 10. Rules 11. Normativity 12. Procedure 13. Principles 14. Authority 15. Dualism 16. Morality 17. Understanding 18. Justification 19. Conclusion Bibliography Index
£114.00
Edward Elgar Publishing Ltd Private Law in Context: Enriching Legal Doctrine
Book SynopsisContemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.Trade 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
£95.00
Edward Elgar Publishing Ltd States of Exception: Human Rights, Biopolitics,
Book SynopsisConsidering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.Costas Douzinas assesses and critiques the ways in which governments responded to three emergencies: the 2008 economic crisis, the large flows of refugees and migrants since the 2010s, and the COVID-19 pandemic. Utilising Foucault’s theory of biopolitics and Douzinas’ experience as a critical scholar and politician, this insightful book reviews the law and politics of emergency and proposes a theory and future pathways of resistance. Ultimately, States of Exception asks to what extent critical legal theory can inform radical politics and argues that human rights are not the ‘last utopia’ but a combination of the unfulfilled promise of dignity with the desire to transcend inequality and exploitation.This multidimensional exploration of the intersection between critical legal theory, human rights philosophy and radical politics offers a unique insight to students, academics and researchers specialising in legal theory, human rights law, jurisprudence and politics. It will also prove beneficial for professionals and practitioners working in the legal and political sectors.Trade Review‘A tour de force. Costas Douzinas brings his unique critical acumen and extraordinary erudition to bear on his first-hand experience—as a founder of critical legal studies in the UK and an MP in Greece’s Syriza parliament in the 2010s—of the grinding dissolution of public autonomy in the relentless advance of global neoliberalism. Douzinas coins the term “neolegalism” for the curious legal architecture that has spread from interwar Vienna, wartime London, postwar Chicago and Cold War Santiago to its thorough globalisation in the “polycrisis” of the 2020s. Neolegalism, in Douzinas’s account, combines the brutal authoritarianism of a strong-arm state, stoking a cowed general public, with the freedoms of a market order for transnational plutocrats, with a growing subclass of homeless refugees caught in-between. Its normalisation is symbolised in the Covid-19 regime, premised on ‘necessity’ rather than exception. Required reading to understand our current predicament.’ -- Stephen Humphreys, London School of Economics, UK‘Costas Douzinas’s States of Exception offers a crucial diagnosis ofour troubled times. In this remarkable book, Douzinas draws t together his critical legal theory of law and life in states of exception with his political experience in Greek government to analyse our current political situation. Rather than despairing at our current political realities, States of Exception powerfully argues for the possibilities for collective action in resistance, political praxis, andStates of Exception is a compelling and eloquent book that sets out a critical legal theory for our time. The illuminating discussion of political praxis, thought provoking analysis of legal and political theory, and important account of contemporary law and emancipatory politics make States of Exception essential reading. This important book will be a vital source of theoretical and political insights for all those seeking to understand our present and build an -- alternative future.’– Kirsten Campbell, Goldsmiths College, UK‘Part intellectual autobiography, part critical legal retrospect, and part manifesto for radical human rights, this book sees “Douzinism” come of age. States of Exception provides an adroit combination of theoretical abrasiveness, hard earned political realism, and the amicable generosity of solidarity. It is the last that lingers longest. The book offers faith in critique and an unquenchable glimpse of a utopian disposition.’ -- Peter Goodrich, Cardozo School of Law, US‘Douzinas at his very best! The book demonstrates the immense power of contemporary critical legal theory to help us grasp the world around us. It will be indispensable for those who seek to understand the role of law, rights, the state and international relations in the wake of the Covid pandemic.’ -- Illan Wall, University of Warwick, UK‘Costas Douzinas’ work, as a writer, teacher, mentor and editor, has been pivotal to the development of critical legal scholarship in Britain since the 80s. States of Exception, his most personal book to date, gives us a synthesis of the extraordinary range of earlier thematics, imbued now with what it has meant for him to have defended the “desire called utopia” in the “more positive tonality” of his political involvement as an MP for the radical left in Greece, during the difficult years of the conditionalities and the memoranda. This is a book that reflects Douzinas’ unwavering faith in popular resistance, in people’s acts of solidarity, sacrifice and care. From that insistent demand that rights, solidarity and justice will not be surrendered to the logic of capital, he draws a restatement of the dignity of natural law which, like in that other heretical Marxist natural lawyer, Ernst Bloch, points us beyond current political compromises and lies to the “orthopaedia” - the upright posture - of critical thinking.’ -- Emilios Christodoulidis, University of Glasgow, UKTable of ContentsContents: Introduction: the sense of an ending PART I STATES OF EXCEPTION, STATES OF NECESSITY 1 Biopolitics, rights, subjects 2 States of exception, states of necessity 3 Protest and resistance in the pandemic 4 A theory of resistance 5 Refugees: politics, law, ethics PART II CRITICAL REFLECTIONS ON HUMAN RIGHTS 6 Human rights in history 7 Law, morality, politics 8 Neolegalism 9 Cosmopolitanism and just wars 10 The desire called utopia Index
£100.00
