Methods, theory and philosophy of law Books

Book SynopsisOffering a novel and pragmatic perspective, this timely book critically examines the development of a culture of machinist regulation and questions whether this approach is appropriate in an era of rising biological technologies. Adopting an ontological approach, James Griffin considers how current regulatory frameworks favour digital technology and how this may change in the future.Griffin adeptly investigates how regulation can impact the nature of new technologies, especially as biological computing is becoming more commonplace. Chapters provide a wealth of critical analysis, considering cutting-edge technologies such as AI, prosthesis, and biological computing. Griffin outlines a proposed reformative system which focuses on the biological substrate in the creation of cultural works. The book serves to highlight the ever-increasing need for awareness of the importance of biological substrates and for a regulatory system which reflects this.The State of Cultural Biology will be an essential read for academics and students interested in intellectual property law, law and technology, legal philosophy and law’s role in society. It will also prove invaluable to policymakers and professionals looking to broaden their knowledge on the regulation of modern technology.Trade Review‘Dr James Griffin presents a ground-breaking and visionary exploration into the fascinating world of biological computing, which sets this book apart. Through a captivating blend of rigorous research and real-world examples, Dr James Griffin skilfully showcases the profound impact of cultural context on our genetic expression and cognitive development, unearthing the insights that challenge conventional thinking on traditional (binary) computing. Dr James Griffin delivers an unparalleled examination of biological computing’s regulatory mechanisms that underpin this intricate interdependence of culture and biology. This book paves the way for a revolutionary advancement in various disciplines, from psychology to artificial intelligence. I found myself continuously inspired and enlightened by the fresh perspectives offered in this book.’ -- Hing Kai Chan, University of Nottingham Ningbo China, ChinaTable of ContentsContents: Preface 1 Introduction to the State of Cultural Biology 2 The machinic State 3 The biological State 4 The biology of legal nothingness (the invisible hand of biology) 5 The false turn of digital technology 6 The wider view: New Technologies 7 Reform 8 Conclusions on the State of Cultural Biology Bibliography Index

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Book SynopsisThis innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.Trade Review‘The topic of legal fictions is making a much-deserved comeback, following Jeremy Bentham’s scornful critique of them in English common law. In this cautiously enthusiastic defence, Reece Lewis identifies, taxonomises and evaluates the presence of fictions in international law. The result is a treat for international lawyers and legal theorists alike.’ -- Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: 1. Introduction: examining international legal fictions 2. Legal fictions 3. International legal fictions 4. The evaluation of international legal fictions 5. Effective elements of international legal fictions 6. Detrimental elements of international legal fictions 7. Implications and reflection 8. Conclusion Bibliography Index

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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

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Book SynopsisThis unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology.In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense.The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.Trade Review‘Wojciech Zaluski’s work focusing on the insanity defense, one of the classic problems of criminal law, is an excellent demonstration of how to impartially explain the presumptive underpinnings of this field, an approach which is often absent within ordinary approaches to legal argumentation. The book will be of great assistance for every judge, attorney and professor of criminal law, helping to deepen reflections on the problem of the insanity defense.’ -- Marek Zirk-Sadowski, University of Lodz, Poland‘Wojciech Zaluski has written a profound book, in which he provides the legal excuse of the insanity defense with philosophical underpinnings, starting from the assumption that human beings have a free will. His argument provides deeper understanding for those who share his starting point, and a delineation of what precisely they must reject for those who do not share it. Highly recommended reading for both defenders and deniers of free will.’ -- Jaap Hage, Maastricht University, the NetherlandsTable of ContentsContents: Introduction 1. The philosophical foundations of the insanity defense 2. The cognitive component 3. The volitional component Epilogue Bibliography Index

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Book SynopsisIn this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood.Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.Trade Review‘This book taps into deeper layers in comparative constitutional law. Francois Venter starts from the lingual character of all law to examine seemingly similar terms in different political systems and their relationship to foundational insights, political conditions and diverging legal traditions. Equipped with such comparative findings, researchers and practitioners of constitutional law will better understand contested concepts in their own system.’ -- Ernst Hirsch Ballin, Tilburg Law School, the NetherlandsTable of ContentsContents: Preface 1. Constitutional language spoken here 2. The history of contemporary constitutional language 3. Nation 4. Sovereignty 5. The state 6. Citizenship and nationality 7. Democracy 8. Rule of law 9. Constitutionalism 10. Judicial review 11. Constitutional comparison and terminology Epilogue Bibliography Index

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Book SynopsisInternational Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.Trade Review‘Formally, states, and states alone, make and authoritatively interpret international humanitarian law. But this legalistic maxim hardly reflects the actual process by which IHL emerges and evolves. Law-Making and Legitimacy in International Humanitarian Law brings together general international law and humanitarian law experts to tease loose key aspects of this dynamic and assess their legitimacy. The first work to examine the foundational issue of IHL development critically and comprehensively, it is a must read for IHL scholars and practitioners.’ -- Michael Schmitt, United States Military Academy at West Point, US and University of Reading School of Law, UK‘This volume explores the interplay of law and legitimacy in relation to the law of armed conflict and includes contributions by a collection of noted scholars. It focuses on the role that various actors play in the process of developing, questioning and affirming international humanitarian law. It does so in an innovative and thought-provoking way and will doubtless be of interest to both the legal theorist and the IHL specialist.’ -- Terry Gill, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface xi PART I INTRODUCTION 1 Law-making and legitimacy in international humanitarian law 2 Heike Krieger and Jonas Püschmann PART II LEGITIMACY AS ANALYTICAL LENS 2 The roles of legitimacy in international legal discourses: Legitimizing law vs legalizing legitimacy 16 Jean d’Aspremont 3 The role of legitimacy in international humanitarian law: A comment 33 Stefan Kadelbach 4 Actor legitimacy and the application of IHL: A rejoinder to d’Aspremont 41 Tom Ruys PART III INFORMAL LAW-MAKING IN INTERNATIONAL HUMANITARIAN LAW AS A POLITICAL CHOICE 5 Global norms governing the protection of civilians, conflict, and weapons: Formal or informal law-making? 56 Denise Garcia 6 Post-international humanitarian law? A rejoinder to Denise Garcia 80 Philip Liste 7 Noncompliance as law-making 89 Timothy Meyer PART IV NEW LAW THROUGH PRACTICE? 8 Interpreting the Geneva Conventions: subsequent practice instead of treaty amendments? A case study of ‘non-international armed conflicts’ under Common Article 3 117 Emily Crawford 9 Legitimacy and methodology – a subtle yet significant influence: Judicial decisions and the development of international humanitarian law 141 Shane Darcy 10 The interpretation of IHL treaties: Subsequent practice and other salient issues 150 Jean-Marie Henckaerts and Elvina Pothelet 11 Methodological challenges in ascertaining customary international humanitarian law: Can customary international law respond to changing circumstances in warfare? 170 Robert Heinsch PART V COURTS AND MANUALS – DECOUPLING LAW-MAKING FROM STATES? 12 Judicial practice in international criminal law: Law-making in disguise? 196 Thomas Rauter 13 The law at hand: Paratext in manuals on international humanitarian law 217 Wouter G. Werner 14 International manuals in international humanitarian law: A rejoinder to Wouter G. Werner 232 Robin Geiß and Anni Pues 15 Interpretation and identification of international humanitarian law: Responses of the International Law Commission 242 Georg Nolte 16 Manuals and courts: International humanitarian law, informal law-making and normativity 253 Dale Stephens PART VI LEGITIMACY AND PARTICIPATION 17 International humanitarian law-making in Latin America: Between the international community, humanity, and extreme violence 277 Alejandro Rodiles 18 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? An African perspective 300 Balingene Kahombo 19 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? A comment to Alejandro Rodiles and Balingene Kahombo 324 Michael Bothe 20 Between war and peace: Negotiating and implementing legitimate ceasefire agreements 335 Cindy Wittke 21 Law-making participation by non-state armed groups: The prerequisite of law’s legitimacy? 357 Hyeran Jo 22 Non-state armed groups and international humanitarian law-making – the challenge of legitimacy: A reply to Cindy Wittke and Hyeran Jo 375 Cedric Ryngaert PART VII LEGITIMACY AND NORM ENTREPRENEURS 23 The impact of human rights advocacy: Between (mis)stating the law and pursuing humanitarian policies? 385 Robert Cryer 24 From the Martens clause to the CNN factor: Is the impact of media and public opinion on law-making discernible? 404 Daniel Joyce 25 Media, public opinion and humanitarian advocacy 422 William Boothby PART VIII CONCLUSION 26 A legitimacy crisis of international humanitarian law? 429 Heike Krieger and Jonas Püschmann

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Book SynopsisThis thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Offering a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, the book is divided into two parts. The first part further explores and evaluates the concept of law as an artifact and analyses the background and theoretical basis of the theory. The second part comprises three sections on legal ontology, semantics and legal normativity, specifically in relation to law’s artifactual nature.Providing cutting-edge insights at the intersection of law and philosophy, this book will appeal to scholars and students in philosophy of law, empirical legal studies, social ontology and the philosophy of society. Trade Review'The Artifactual Nature of Law is a great collection of chapters that deal with the nature of law and legal systems. The idea of law as an artifact sheds new light on the ontology, semantics and normativity of law. Additionally, the book explores fascinating topics such as the functions of law and the nature of institutional beliefs and intentions.' -- Giovanni Tuzet, Bocconi University, Italy‘The Artifactual Nature of Law presents a truly impressive collection of perspectives, drawn from cutting edge work across several areas of philosophy, to arrive at a rich set of reflections on central questions in legal theory. It offers the most advanced look at law’s artifactual nature to date.’ -- Michael Giudice, York University, CanadaTable of ContentsContents: Introduction to The Artifactual Nature Of Law viii 1 Legal systems as abstract artifacts 1 Luka Burazin 2 Intentions in artifactual understandings of law 16 Kenneth M. Ehrenberg 3 Defects and failures in legal artifacts 37 Jonathan Crowe 4 In search of the functions of the legal system: classificatory and analytical stages 47 Mario Krešić 5 The ethical dimension of institutional beliefs 66 Adam Dyrda 6 Both directions at once? A Thomistic response to the artifactual theory of law 89 Petar Popović 7 External recognition and what grounds legal facts 111 Zuzanna Krzykalska 8 Law and its artifacts 128 Miguel Garcia-Godinez 9 Legal officials and artifact theory of law 147 Paweł Banaś 10 On the reference of artifactual kind terms in legal discourse 162 Lucila Fernández Alle 11 The law of fiction or the fiction of law? A study of what abstract artifact theory can reveal about mixed inferences 179 Izabela Skoczeń 12 Facts, artifacts, and law-given reasons 199 Noam Gur Index

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Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index

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Book SynopsisThis stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge? This nuanced book shows how, in re-examining legal knowledge from a diachronic perspective, historical jurisprudence can be rethought as a domain concerned with contemporary legal epistemology.Ambitious in its scope, Rethinking Historical Jurisprudence will be a key resource for students and scholars in the fields of legal philosophy, legal theory and history and research methods in law.Trade Review‘Geoffrey Samuel is a leading legal comparatist and epistemologist whose decades-long scholarship has made fundamental contributions to the nature and dynamics of legal reasoning in both Common and Civil law jurisdictions. Rethinking Historical Jurisprudence represents a major step along Samuel’s rich intellectual path. It makes a compelling – and much-needed – case for reconsidering what amounts to ”historical legal thought”. Learned yet accessible, >Rethinking Historical Jurisprudence is a must-read for all those interested in the history and epistemology of legal reasoning.’ -- ’– Luca Siliquini-Cinelli, University of Dundee, UKTable of ContentsContents: Preface Introduction to historical jurisprudence 1. Paradigms and revolutions 2. Schemes and paradigm orientations 3. Roman legal methods and reasoning 4. Roman legal methods and reasoning 5. Post-Roman methods and methodologies 6. Contemporary methods and methodological issues 7. Terminology and the foundations of legal theory 8. Taxonomy and theory building 9. Private law theory and the resurgence of formalism 10. Have there been scientific revolutions in law? 11. Is legal knowledge cumulative (or has there been progress in law)? 12. Is legal knowledge cumulative (or has there been progress in law)? Conclusion Bibliography Index

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Book SynopsisInspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law.After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book’s engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.Trade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index

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Book SynopsisThis cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method.Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.Trade Review‘Comparative Methods in Law, Humanities and Social Sciences makes a fresh and innovative addition to the booming literature on comparative research. The collection of chapters combines insights from various disciplines in humanities and social sciences such as law, literature, religion and politics. The editors have done a magnificent job in putting together a splendid group of world-class experts to author the individual chapters. This is a truly ground-breaking work and a must on every comparatist’s bookshelf.’ -- Heikki Pihlajamäki, University of Helsinki, Finland‘Comparative methods play a key role in many academic fields; yet, there is little interaction between the literature of these different fields. It is thus of great benefit that Maurice Adams and Mark Van Hoecke have brought together an excellent group of authors to reflect on comparative methods in law, humanities and social sciences. The book fills an important gap in the literature and promises to provide an important work of inspiration for scholars across many fields.’ -- Mathias Siems, European University Institute, Italy and Durham University, UKTable of ContentsContents: Preface xiii 1 Comparative disciplines: an introduction 1 Maurice Adams 2 Methods of legal history and comparative law 11 Geoffrey Samuel 3 Comparative legal history 45 Kjell Å Modéer 4 Comparative sociology: epistemological issues 62 Jean-Pascal Daloz 5 Elements of a comparative methodology in the study of religion 75 Oliver Freiberger 6 Comparative methods in legal anthropology: ‘thick’ comparison through (cultural) translation 96 Katrin Seidel 7 The comparative advantage of cultural anthropology 121 Peter van der Veer 8 Methods in comparative politics 135 Mathew Y.H. Wong 9 Comparative philosophy and comparison 149 Ralph Weber 10 Between comparison and commensuration: the trouble with global social indicators 175 David Nelken 11 Particularism versus universalism in the history of comparative literature 197 Angus Nicholls 12 Comparing across societies and disciplines 221 Mark Van Hoecke 13 Conclusion: challenges of comparison 246 Maurice Adams and Mark Van Hoecke Index 264

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Book SynopsisHow might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law?This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative.Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.Table of ContentsContents: Posthuman legalities: New Materialism and law beyond the human Emille Boulot, Anna Grear, Joshua Sterlin and Iván Darío Vargas-Roncancio 1 Articles Re-forming property to address eco-social fragmentation and rift Margaret Davies 13 ‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature Matt Harvey and Steve Vanderheiden 38 Climate change, environmental justice and the unusual capacities of posthumans Nick J Fox and Pam Alldred 59 Posthuman international law and the rights of nature Emily Jones 76 Response-abilities of care in more-than-human worlds Marie-Catherine Petersmann 102 Alter-transitional justice; transforming unjust relations with the more-than-human Danielle Celermajer and Anne Therese O’Brien 125 The practice of multispecies relations in urban space and its potentialities for new legal imaginaries Teresa Dillon 148 Index

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Book SynopsisAdopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.Trade Review‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’ -- David Boyd, UN Special Rapporteur on human rights and the environment‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’ -- Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’ -- Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’ -- Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’ -- Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South PacificTable of ContentsContents: Editorial Human Rights the Planet: the future of environmental human rights in the European Court of Human Rights Natalia Kobylarz and Evadne Grant 1 Articles Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6 Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review Natalia Kobylarz 16 Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system Jorge Calderón-Gamboa and Julie Diane Recinos 86 Does the European Convention on Human Rights guarantee a human right to clean and healthy air? Litigating at the nexus between human rights and the environment – the practitioners’ perspective Irmina Kotiuk, Adam Weiss and Ugo Taddei 122 The climate change dimension of human rights: due diligence and states’ positive obligations Christina Voigt 152 The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and ‘due diligence’ in climate change cases Monica Feria-Tinta 172 The Strasbourg Principles of International Environmental Human Rights Law – 2022 195

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Book SynopsisThis Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.Chapters explore the theory of jurilinguistics investigating the features of a broad range of national discourses. Offering a unique perspective on the complex and dynamic relationship between language and the law, the impressive selection of contributors discuss the efficiency, flexibility and vulnerabilities of communication in legal settings. Anne Wagner and Aleksandra Matulewska approach the topic from a multidimensional standpoint, dealing with a myriad of topics, notably the general theory of jurilinguistics, the genres and characteristics of legal language, and the improvement of the quality of legal language.This discerning Research Handbook will appeal to a variety of academics and researchers in law, translation, jurisprudence, applied linguistics, and rhetoric, looking to broaden their understanding of jurilinguistics as an interdisciplinary and cross-cultural operation. It will also serve as both a theoretical and practical resource for lawyers, legislators, lawyer-linguists, and legal translation specialists alike.Trade Review‘Featuring contributions from a distinguished group of scholars in the field from around the world, the international breadth and scope of the chapters in this collection is particularly valuable in a field which has increasing importance for global justice.’ -- Janet Ainsworth, Seattle University School of Law, US‘With its focus upon the forefront of current research in language and law and its special focus upon critical aspects this Research Handbook is a gateway to the state of the art in the field. This characteristic is guaranteed through the choice of high-profiled researchers as authors.’ -- Jan Engberg, Aarhus University, DenmarkTable of ContentsContents: Foreword xvii Prospects and retrospects of jurilinguistics 1 Anne Wagner and Aleksandra Matulewska PART I JURILINGUISTICS AND ITS COMMUNICATIVE FLEXIBILITY 1 Researching the language of law 17 Marcus Galdia 2 Contributions of jurilinguists to law and its language: a threefold research strategy 35 Jean-Claude Gémar 3 Critical approaches to comparative legal linguistics 52 Jaakko Husa 4 Legal pragmatics 70 Dennis Kurzon 5 Legal lexicography 88 Máirtín Mac Aodha and Tanja Wissik 6 Corpus linguistics, methodology of jurilinguistics 104 Stanisław Goźdź-Roszkowski 7 Two strata of flexibility in jurilinguistics 117 Anne Wagner and Aleksandra Matulewska 8 Legal interpretation and the relevance of corpora 130 José Manuel Aroso Linhares 9 Approaching (in)determinacy and ultimacy in interpretation 144 Daniel Green PART II CONUNDRUM OF LEGAL GENRES 10 Legal genres in interdiscursive contexts 160 Vijay K. Bhatia 11 Genres and legal translation: A rationale and an agenda for legal transgenre studies 180 Esther Monzó-Nebot 12 Legal languages’ features 193 Paula Trzaskawka 13 Directions, tools, and risks in the study of metaphor in law 206 Michele Mannoni 14 Plain legal language campaigns 223 Eamonn Moran 15 Jurilinguistics and co-drafting in Canada 239 Marie-Hélène Girard 16 The language of the court 251 James Archibald 17 Persuasive or coercive? Cultural and institutional factors behind penalty-free laws in Japan and implications for management of COVID-19 264 Richard Powell PART III VULNERABILITY OF INTERLINGUAL LEGAL COMMUNICATION 18 Interlingual legal communication: valleys, hills and mountains of social inequality in legal translation and interpretation 282 Aleksandra Matulewska and Anne Wagner 19 Legal systems exposed: translation and vulnerabilities 301 Juliette Scott and John O’Shea 20 The day-to-day practice of jurilinguistics at the European Court of Human Rights: challenges and constraints for translators 322 James Brannan 21 Minority issues in legal communication 336 Andrés M. Urrutia Badiola 22 Social issues in legal communication on the internet 348 Ruth Breeze 23 Translation hindrances and linguistic (im)possibilities to challenge the Hungarian legal language 360 Réka Somssich PART IV CULTURAL LANDSCAPE OF LEGAL TRANSLATION 24 Perpetual pendulum in law 374 Anne Wagner, Sarah Marusek, Aleksandra Matulewska 25 Cultural constraints of legal interpretation and legal translation 390 Mario Ricca 26 Understanding translated language in the legal context: the Chinese challenge 406 Deborah Cao 27 Legal translation and interpreting in China: Practices, theoretical studies and future trends 419 Youping Xu and Wei Yu 28 Issues addressed in Arabic legal translation: a future perspective 437 Sonia A. Halimi and Rafat Y. Alwazna 29 Legal translation and court interpreting in Africa 452 Zakeera Docrat and Russell H. Kaschula 30 Translating the Civil Code of Louisiana into French and Spanish: a jurilinguistic exercise 471 Olivier Moréteau and Mariano Vitetta 31 Comparison of key clusters of translated Korean laws and untranslated American and British laws 486 Jeongju Yoo Index

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Book SynopsisThis comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics, providing a thorough understanding of how the law works through signs and symbols. Demonstrating that the law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.Bringing together leading international experts, this Research Handbook focuses on the material, everyday forms of law comprised by non-verbal legal semiotics. Contributors conduct culturally nuanced semiotic analyses of the modern world, covering topics from COVID-19, religion, and human rights, to comic books and music. Chapters consider the foundations of semiotics, as well as the philosophy of law, identifying the cross-cultural similarities in how legal semiotics and visual legal semiotics intersect. Ultimately, the Research Handbook demonstrates that the law is in a state of perpetual flux, with many unique dimensions only made visible by semiotic analysis.The Research Handbook on Legal Semiotics will be an invaluable resource for students and scholars of law, jurisprudence, legal culture, linguistics, and semiotics. It will also be an important guide for legal practitioners seeking to better understand the nuances of the legal system. >Trade Review‘This volume is an interdisciplinary tour de force. Scholars from around the world insightfully explore diverse signs and symbols of law. For those seeking to understand law in the evolving fullness of lived experience (including its cognitive, affective, social, cultural, and political dimensions) here is the place to begin.’ -- Richard K. Sherwin, New York Law School, US‘This book provides new legal semiotics on the one hand, and fields of a deepened and revisited understanding of rules in law and legal thought formation on the other. It distances itself from traditional ideas, inviting the reader to wander in new dimensions of space, images and perspectives which were hitherto unknown in legal research.’ -- Jan M. Broekman, KU Leuven, Belgium‘Law has not only a language but also a semiotics, a system of signs, texts and meanings that seek to bring order to the relationships among human beings. Never before this volume has an attempt been made to provide an all-encompassing tool for the study of such a system. Anyone working within the perimeter of linguistic, semiotic, and social studies of law will find this volume a distinctly useful starting point and reference.’ -- Massimo Leone, University of Turin, ItalyTable of ContentsContents: Foreword xviii John Brigham Preface xxiv Acknowledgements xxv Introduction: law as a strategical system of fluctuating signs 1 Anne Wagner and Sarah Marusek PART I LEGAL SEMIOTICS AS AN ARENA FOR LEGAL THOUGHTS 1 Understanding legal semiotics 11 Paolo Heritier 2 From analytical philosophy of law to legal semiotics 32 Marek Zirk-Sadowski 3 Legal philosophy and the promise(s) of legal semiotics 47 José Manuel Aroso Linhares 4 Legal semiotics, globalization, and governance 61 Larry Catá Backer 5 Legal semiotics and synaesthesia 86 Rostam J. Neuwirth 6 Constitutional semiotics as a post-positivist and post-modern approach to constitution and constitutionalism based on the linguistic, visual and emotional turns 105 Martin Belov 7 Semiotics and the space-time ingredients of legal experience 120 Mario Ricca 8 Narrative identity and human beings’ legal subjectivity 135 Bartosz Wojciechowski 9 Classical rhetoric, legal argumentation and the semiotics of law 146 Miklós Könczöl 10 Legal semiotics and Chinese philosophy 158 Magdalena Łągiewska PART II CULTURE-BOUND LEGAL SEMIOTICS, THE BACKBONE OF THE LAW 11 Law and religion in the United States and Japan: a comparative semiotic perspective 171 Frank S. Ravitch 12 The view: propertizing the visibility of distance 184 Sarah Marusek and Anne Wagner 13 Semiotic insecurity and fake news law 193 Ahmad Pakatchi 14 Beware of (bad and dangerous) metaphors: remarks made at the intersection of cognitive linguistics and law 209 Angela Condello 15 Semiotics of international law 220 Michael Salter 16 Introducing forensic semiotics in criminal investigations 237 Marcel Danesi 17 Legal semiotics and types of arguments in human rights cases in Russia 254 Anita Soboleva 18 Semiotics and cultural heritage law 267 Kamil Zeidler 19 Semiotics of trademark law and brand intellectual property 278 Kristian Bankov 20 Legal semiotics, culture and femi(ni)cide 289 Farid Samir Benavides Vanegas 21 Sex trafficking of girl children: a legal semiotics study of the Convention on the Rights of the Child 300 Clara Chapdelaine-Feliciati 22 Coloniality, international human rights and legal semiotics from the margins 313 Elisabeth Roy Trudel and Amy Swiffen PART III VISUAL LEGAL SEMIOTICS AS A FIGURATIVE SIGN-SYSTEM 23 Imaginal law 327 Peter Goodrich 24 The two-sided E-Agora 2.0: demojicracy and demonjicracy 338 Anne Wagner, Wei Yu, and Sarah Marusek 25 Photography, art, crime and law 353 Anita Lam 26 Image and the law – a Peircean approach to Mask Required posters during the COVID-19 pandemic 366 Nathalie Hauksson-Tresch 27 Cars and hate: legal semiotics of automobility and combustion masculinity 376 Kieran Tranter and Sarah Marusek 28 Legal semiotics, signs of colonization, signs of independence in India 394 Parineet Kaur 29 Comics and the law: jurisprudence with a comic face 404 Guilherme Vasconcelos Vilaça and Mark Thomas 30 Legal and social semiotics of environmental challenges 419 Dariusz J. Gwiazdowicz and Aleksandra Matulewska 31 Semiotic (de)construction of judges’ identities in China’s internet courts 433 Youping Xu 32 Legal scenographies and courts: tensions between past and present 447 Patrícia Branco 33 Law, music and semiotics 460 Robbie Sykes and Julia J.A. Shaw Index 479

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Book SynopsisWhat does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light on traditional questions in legal theory. Chapters discuss the normative importance and descriptive impact of moral inferences in legal interpretation and critically analyse the claims of legal interpretivism, uncovering the most recent versions of legal positivism. The impressive selection of leading contributors explore an array of important topics including metaethics, expressivism and legal semantics.Outlining a new direction of study and delineating the path for future research on moral inferences in legal interpretation, this timely book will be a thought-provoking read for legal scholars and students interested in legal theory, philosophy and interpretation.Trade Review‘This volume makes important contributions to the literature on legal interpretation and is essential reading for any jurisprudential scholar or legal practitioner concerned to understand how the content of the law depends on the communicative content that lawgivers intend to transmit. A very worthwhile read.’ -- Alexander Sarch, University of Surrey School of Law, UK‘Interpretivism and the Limits of Law offers a thorough, searching assessment of major theories of the determinants of law’s content by an impressive range of distinguished legal scholars from around the world. It is an essential intervention into a debate that has engaged legal theorists for decades, adding hosts of new insights and refining the debate in critical ways. It establishes a new point of departure for future theoretical work in this area.’ -- Gerald Postema, The University of North Carolina at Chapel Hill, USTable of ContentsContents: 1 Introduction to Interpretivism and the Limits of Law 1 Izabela Skoczeń PART I LEGAL REASONING THROUGH THE LENS OF INTERPRETIVISM 2 Practical reasoning and the communicative model of law 12 Brian H Bix 3 Legal antipositivism and the reliability challenge in metaethics 23 David Plunkett 4 The meaning and interpretation of statutes in Anglo-American legal systems 43 Jeffrey Goldsworthy 5 The communication theory as a phantom 60 Tomasz Gizbert-Studnicki and Francesca Poggi PART II INTERPRETIVISM VERSUS THE COMMUNICATIVE MODEL OF LEGAL REASONING 6 Why the anti-positivists’ concept of practice is too thin 77 Marcin Matczak 7 Legal interpretivism: all or some? 96 Adam Dyrda 8 Interpretation and the bounds of reason 113 Giovanni Tuzet PART III LEGAL INTERPRETATION AND LEGAL MEANING 9 The authoritative intention thesis 130 Torben Spaak 10 Distinguishing the distinguishable: interpretative norms and interpretative criteria in adjudication of meaning 146 David Duarte and Pedro Moniz Lopes 11 From rule-scepticism to the interpretive orthodoxy? On Wittgenstein, legal theory, and the difference between understanding and interpreting a rule 159 Paolo Sandro PART IV THE SEMANTICS AND META-SEMANTICS OF LEGAL CONTENT 12 Semantic theories and interpretation: a critique of Michael S Green’s ‘Dworkin’s Fallacy’ 176 Thomas Bustamante and Thiago Lopes Decat 13 When expressiveness flows back: the symbolic functions of legislation and their legal significance 194 Francesco Ferraro 14 Expressivism and the ex aequo et bono adjudication method 212 Izabela Skoczeń and Krzysztof Posłajko 15 Semantics of institutional names 229 Paweł Banaś Index 246

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Book SynopsisConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitarō, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.Trade Review‘Yahyaoui Krivenko’s vision of the human rights philosophy is most needed today to overcome the limitations of human rights narrowly construed around the individualised experience of each human being. This reconceptualisation will be particularly useful when applied to issues such as environmental degradation and climate change. Since the planet is an ecosystem which is not human-centered, we need to initiate a decentering of human rights allowing us to embrace the complex interactions between all life forms and natural processes on Earth, and to situate the human experience among this new conception of “reality”.’ -- François Crépeau, McGill University, CanadaTable of ContentsContents: 1. Introduction to The Logic of Human Rights 2. Reason, logic, and the subject/object dichotomy in the West 3. The traditional logic of human rights and the subject/object dichotomy 4. Beyond the subject/object dichotomy: topo-logic 5. Human rights through topo-logic: a theoretical foundation 6. Human rights through topo-logic: possibilities of operationalization 7. Conclusion to The Logic of Human Rights Index

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Book SynopsisThis innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology.Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change.Trade Review‘Stimulating and provocative, this interesting collection tackles utopia from diverse disciplinary, theoretical, and political angles. Drawing on secular and religious traditions, contributors demonstrate utopian thinking’s enduring vitality and significance. With hope, faith, humanity, and the imagination, at its centre, this book explores what utopia can and cannot mean, be, and do.’ -- Davina Cooper, King's College London, UKTable of ContentsContents: PART I UTOPIA AND THE LAW: SKETCHES FOR A NEW SOCIETY 1 Introduction: A return to utopia 2 Bart van Klink, Marta Soniewicka and Leon van den Broeke 2 Finding hope in hopeless times 19 Lynne Copson 3 The rule of law: Between ideology and utopia 38 Bart van Klink 4 Legislative hope and utopia 59 Carinne Elion-Valter 5 A secular form of grace: A place for utopia in law 76 Leon van den Broeke PART II UTOPIAN POLITICS: REDEMPTION OR A ‘RECIPE FOR BLOODSHED’? 6 The politics of hope: Utopia as an exercise in social imagination 96 Marta Soniewicka 7 The utopian ideals of the political order of the European Union: Is a European republic possible? 116 Jan Willem Sap 8 ‘The coming community’: Agamben’s vision of messianic politics 134 Oliver W. Lembcke 9 The allure of utopia: Klaas Schilder’s stress on the relevance of hic et nunc 150 George Harinck 10 The Islamic state 167 Maurits Berger PART III UTOPIA IN ARCHITECTURE AND TECHNOLOGY: THE QUEST FOR PERFECTION 11 An ideal city vs 21st-century pragmatism 187 Ernestyna Szpakowska-Loranc 12 Planning utopia 207 Danielle Chevalier and Yannis Tzaninis 13 Technological utopias: Promises of the unlimited 226 Marc J. de Vries 14 A better way of being? Human rights, transhumanism and ‘the utopian standpoint of man’ 245 Britta van Beers 15 The posthuman: Around the vanishing point of utopia 266 Anna Bugajska 16 Being an agent in a robot and artificial intelligence age: Potentiality or dystopia? 284 Zeynep İspir and Şükrü Keleş Index

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Book SynopsisAdopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.

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Book SynopsisIn seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation.The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.Trade Review‘A book like no other. Steeped in wisdom – philosophical, practical, personal – it takes the reader on a Socratic journey into the most difficult of problems facing individuals, societies, and humanity as a whole: how to reconcile over a common future in the aftermath of conflict.’ -- Kjersti Lohne, University of Oslo, Norway‘Bert van Roermund channels his inner Socrates into a wide-ranging series of dialogues on the nature of justice and reconciliation in the aftermath of violence, war and atrocity. Van Roermund steers well clear of offering any trite and easy answers. Each of the lifelike conversations illuminates and the Socratic voices illustrate the pivotal importance of the process of thinking together on such subjects. In a time of echo chambers and moral grandstanding van Roermund's work offers some welcome and much needed antidote.’ -- Antony Pemberton, Leuven Institute of Criminology, BelgiumTable of ContentsContents: Participants Prologue: A letter from Socrates. Dialogue 1 Stages and sequences? Dialogue 2 Never again Dialogue 3 Restoring what has never been Dialogue 4 Dissimultaneity Dialogue 5 Simultaneity Dialogue 6 Time before time Dialogue 7 Time beyond time Epilogue Postscript and acknowledgements References Index

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Book SynopsisThis thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning.Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers.Trade Review‘An intriguing book with contributions from a diverse group of legal philosophers. A worthy addition to the literature on objectivity.’ -- Dennis M. Patterson, Rutgers Law School, US and University of Surrey School of Law, UKTable of ContentsContents: List of contributors vii 1 Introduction: The meanings of ‛objectivity’ 1 Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora PART I OBJECTIVITY AND JURISPRUDENCE 2 Objectivity of law and objectivity about law 31 Jaap Hage 3 Is legal cognitivism a case of bullshit? 48 Héctor A Morales-Zúñiga 4 Imputation as a supervenience in the General Theory of Norms 71 Monika Zalewska 5 Social science and jurisprudence through Weberian and Hartian eyes: Suggesting an explanation for a puzzle 86 Donald Bello Hutt 6 Objectivity of legal knowledge: The challenge of scepticism 105 Matti Ilmari Niemi PART II OBJECTIVITY AND LEGAL INTERPRETATION 7 From Hart to Dworkin via Brandom: Indeterminacy, interpretation, and objectivity 127 Leonardo Marchettoni 8 Can legal texts have objective meanings? 145 Maija Aalto-Heinilä 9 Big data linguistic analysis of legal texts – objectivity debunked? 167 Caroline Laske 10 Rethinking the legal effect of interpretive canons 193 Triantafyllos Gkouvas PART III OBJECTIVITY AND PRACTICAL REASONING 11 The problem of normative objectivity 215 Jan-Reinard Sieckmann 12 Why do legal philosophers (perhaps correctly) insist on moral objectivity while dismissing metaethical inquiry? 232 Thomas Bustamante 13 Moral objectivity without robust realism 252 J. J. Moreso 14 Virtue and objectivity in legal reasoning 270 Amalia Amaya Index

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Book SynopsisTheories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical.Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France.Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read.Trade Review‘Relational approaches to law focus on how the law shapes the actual relationships between and among people. Jeuland offers a highly accessible and comprehensive introduction to the existing literature. It is indispensable reading for anyone interested in this fast-growing alternative genre in legal theory.’ -- Alexander Somek, author of The Legal Relation: Legal Theory after Legal PositivismTable of ContentsContents: Introduction to Theories of Legal Relations: a comparative analysis 1. Analysis of the concepts used 2. Analysis of the different theories of legal relationships 3. Theories and practices of legal relationships 4. Legal theory and legal relations Conclusion: the emergence of a relational approach to law? Bibliography Index

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Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index

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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

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

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Book 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.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References Index

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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.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References Index

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Book SynopsisWeaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal–theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.Trade Review‘Focused on citizenship as legal status, Helen Irving meticulously excavates the complex past and present of allegiance in relation to the topic of citizenship. She shows us in detail how allegiance works, how it links to acquisition and loss of citizenship, and how we should think about it in relation to contested topics such as dual citizenship. Until now, there has been a gap in the literature of modern citizenship in relation to allegiance. Irving’s new book fills that gap.’ -- Jo Shaw, University of Edinburgh, UKTable of ContentsContents: Preface 1. Introduction: the origins and evolution of allegiance 2. Dual citizenship and ‘split allegiance’ 3. Naturalisation and transfer of allegiance 4. Swearing allegiance 5. Treason 6. Loss of citizenship 7. Buying citizenship 8. Conclusion: the citizenship bond Index

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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

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Book SynopsisThis innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector. Hired Guns and Human Rights will be a valuable resource for students, scholars, and practitioners of international legal theory, international human rights law, global governance, business and human rights, and international dispute resolution. Its focus on both state and non-state responses to human rights grievances against corporations around the world will also benefit policy-makers and international NGOs.Trade Review'Private military and security companies rarely operate with immunity, but routinely do so with impunity. In theory, for example, they may be subject to local laws. In practice, however, the very reason for their presence is that law and order has broken down. Most attempts at regulation focus on the military and security side of this equation, analogizing them to state actors. In this provocative new book, Kuzi Charamba emphasizes their status as private companies, proposing a new regulatory architecture based on arbitration. In doing so, he makes a valuable contribution to the literature on PMSCs, as well as on business and human rights more generally.' --Simon Chesterman, National University of Singapore'This is an important book that highlights the potential of international arbitration as a method of resolving disputes involving private military and security companies (PMSCs). Kuzi Charamba argues persuasively that arbitration can deliver access to remedies for human rights abuses occurring in the context of PMSCs' global operations. He deftly combines theoretical insights with in-depth knowledge of the practical challenges posed in the PMSC sector, and comes up with a workable proposal of what arbitration can look like.' --Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: 1. The Current Avenues to Recourse against PMSCs 2. Regulation in Disarray 3. The Development of a Global Regulatory Network 4. The Law of a Global Regulatory Network: Part One; The Micro View 5. The Law of a Global Regulatory Network: Part Two; The Macro View 6. The Case for Adjudicating “Business and Human Rights” Violations outside of State-Based Legal Institutions 7. Outline of the Mechanism 8. The Jurisprudential Elements 9. Addressing “Access to Justice” Concerns Conclusion Bibliography Index

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Book SynopsisExploring the notion that norms are often seen as static structures governing society, politics and legislation, this thought-provoking book offers insights into Robert Alexy's theory of constitutional rights and the range in rigidity of two norm categories: rules and principles. Arguing that constitutional pluralism and the differentiation between norms is also present in EU law, Anne Wesemann asserts that EU Citizenship is a principle and thus a constitutional rights norm. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the court's approach to decision making, which mirrors the balancing and weighing of conflicting principles. Wesemann proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms in EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Citizenship in the European Union will be a key resource for scholars and students of constitutional law and politics. Its contribution to the discourse around judicial activism and politicisation will also be essential reading for those studying the workings of the CJEU.Trade Review'Although the topic of European citizenship has been much discussed in academic literature and beyond for decades, Anne Wesemann manages to offer a highly original analysis of this legal status in this book. Not only is it strongly theoretically grounded on European continental legal theory, but it also offers us a new lens through which we can understand the journey of the Court of Justice of the EU on this matter. A must-read for everyone interested in EU citizenship.' --Nuno Ferreira, University of Sussex, UK'Anne Wesemann offers a welcome addition to EU theoretical analysis that draws upon Alexy's concept of principles as constitutional rights norms. Extrapolating Alexy's German model to the transnational setting, she develops citizenship as a structural norm operating as a balancing principle that requires the Court of Justice to grasp ''the art of the possible''. Her insightful reappraisal of key judgments defends the Court against charges of undue activism and instead re-interprets its stance on citizenship as legitimate constitutional evolution.' --Malcolm Ross, University of Sussex, UKTable of ContentsContents: 1. Introduction 2. Constitutional Rights Theory 3. European (Pluralist) Constitutionalism 4. Citizenship 5. The Court Of Justice As Constitutional Court 6. European Union Citizenship As Constitutional Right 7. Conclusion Index

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Book SynopsisThis illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.Trade Review‘This is an excellent overview of conceptual explanations of law, and a bold attempt to deal with one of the more well-established truisms within law and the humanities.’ -- Erin Buckley, Law in Context'Giudice attempts to reconcile two positions seemingly in tension: that law is a social construction, yet it has a natural core. Law is both a social artifact and a natural kind (of a sort). When making this argument, he demonstrates that conceptual analysis must be supplemented by causal analysis, drawing on sociology, anthropology, behavioral neuroscience, and other scientific disciplines, as well as by moral and political analysis. His thesis and his method chart potentially fruitful paths for the next stage of analytical jurisprudence. This is a fascinating, ambitious, and important work.' --Brian Z. Tamanaha, Washington University in St. Louis, US'Michael Giudice shows again the subtlety and clarity of thought we have come to expect from his work. This book is indispensable for anyone interested in understanding law, whether and how it is socially constructed, the method for understanding it, or the relation between its nature and our concept of it.' --Kenneth M. Ehrenberg, Co-Director, Surrey Centre for Law and Philosophy, UK'For many years now, Michael Giudice has been an important and unique voice, reforming analytical jurisprudence from the inside. With this astute new book, Giudice once again shows, with his customary clarity and elegance, why it is vital to balance and relate analytical, empirical and normative aspects of theorising law.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction PART I THE SOCIAL CONSTRUCTION OF LEGAL SYSTEM 2. Social constructionism and legal theory 3. Conceptual views and political commitments 4. The idea of legal system: one thought too many? PART II NATURAL LIMITS TO LAW’S SOCIAL CONSTRUCTION 5. Conceptual space for a natural core 6. Empirical evidence for social source normativity 7. Methodological implications 8. Conclusion Index

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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

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

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Book SynopsisLaw and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts.Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively.Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.Table of ContentsContents: Introduction: Making Sense of the State: A Political Economy Approach Part I: How to Shape a Democratic State: The Informational Constraint Part II: How to Control a Democratic State: The Legal Constraint Part III: The State at Work: Regulation and Public Policies under Informational and Legal Constraints Index

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Book SynopsisDissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors' belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda.Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.Table of ContentsContents: 1. Overview 2. The Courts 3. Judges 4. Litigants 5. Lawyers 6. Other Key Players in the Litigation Process 7. Conclusion: Considerations for a Reform Agenda References Index

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Book SynopsisGame Theory and the Law is a collection of previously published articles in which ideas from game theory and the economics of asymmetric information are applied to legal issues. Game theory's method is to simplify a situation by describing it in terms of players, actions, payoffs, after which the players' strategic interactions can be described. Whether used explicitly or implicitly, this is a highly useful approach to law. This important volume collects together the classic articles on the subject together with surveys of the approach and illustrative examples of the use of game theory in law.Table of ContentsContents: Acknowledgements Introduction Eric B. Rasmusen PART I GENERAL 1. Ian Ayres (1990), ‘Playing Games with the Law’ 2. Kenneth Dau-Schmidt, Eric Rasmusen, Jeffrey Evans Stake, Robert H. Heidt and Michael Alexeev (1997), ‘Review Dialogue: On Game Theory and the Law’ 3. Eric A. Posner (2000), ‘Agency Models in Law and Economics’ 4. Franklin M. Fisher (1989), ‘Games Economists Play: A Noncooperative View’ PART II BARGAINING AND PROCEDURE 5. Robert D. Cooter and Daniel L. Rubinfeld (1989), ‘Economic Analysis of Legal Disputes and Their Resolution’ 6. I.P.L. P’ng (1983), ‘Strategic Behavior in Suit, Settlement, and Trial’ 7. Jennifer F. Reinganum and Louis L. Wilde (1986), ‘Settlement, Litigation, and the Allocation of Litigation Costs’ 8. Lucien Arye Bebchuk (1996), ‘A New Theory Concerning the Credibility and Success of Threats to Sue’ 9. Keith N. Hylton (1994), ‘An Economic Theory of the Duty to Bargain’ 10. Ian Ayres (1991), ‘Fair Driving: Gender and Race Discrimination in Retail Car Negotiations’ PART III CONTRACTS 11. Ian Ayres and Robert Gertner (1992), ‘Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules’ 12. Eric B. Rasmusen (2001), ‘Explaining Incomplete Contracts as the Result of Contract-Reading Costs’ 13. J. Mark Ramseyer (1991), ‘Legal Rules in Repeated Deals: Banking in the Shadow of Defection in Japan’ PART IV TORTS, CRIME, AND TAXES 14. John Prather Brown (1973), ‘Toward an Economic Theory of Liability’ 15. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liability: Optimal Incentives for Care and Litigation’ 16. Michael J. Graetz, Jennifer F. Reinganum and Louis L. Wilde (1986), ‘The Tax Compliance Game: Toward an Interactive Theory of Law Enforcement’ 17. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Economic Theory of Public Enforcement of Law’ PART V COURTS 18. George L. Priest and Benjamin Klein (1984), ‘The Selection of Disputes for Litigation’ 19. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City” Cases’ 20. Frank H. Easterbrook (1988), ‘Stability and Reliability in Judicial Decisions’ Name Index

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Book SynopsisThis unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems.Wojciech Zaluski explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.Trade Review'Zaluski has written an intelligent book on the relevancy of evolution theory for the understanding of the law. As any substantive contribution to jurisprudence, its contents are not uncontroversial, especially where he argues that evolution theory has something to say about human nature. However, Zaluski shows the evolutionary perspective on the law to be a refreshing and illuminating one.' -- Jaap Hage, University of Maastricht, The Netherlands'Nobody interested in philosophy and in legal philosophy should miss this book. As a philosophical treatise it is of the highest standard, abundant with unexpected and valuable insights. And it leads the reader to the frontiers of new developments, especially how economics, game theory and evolutionary theory affect our understanding of the law. It masterly combines scientific acumen with a sense for humanity.' -- Hans-Bernd Schafer, Bucerius Law School, Hamburg, GermanyTable of ContentsContents: Introduction 1. The Evolutionary View of Human Nature 2. The Ontological Question 3. The Teleological-Axiological Question 4. The Normativity Question Epilogue: The Evolutionary Current in Legal Philosophy Against a Background of Traditional Currents References Index

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Book SynopsisLaw and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.Contributors: M. Amstutz, A. Aviram, B.L. Benson, G.-P. Calliess, F. Carvalho, P.A. David, S. Deakin, B. Du Laing, M. Eckardt, T. Eggertsson, J. Freiling, W. Kerber, R.H. McAdams, J. Mokyr, E.A. Posner, M. Renner, E. Schanze, J.M. Smits, M. Zamboni, P. ZumbansenTrade Review’Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives.’ -- Stefan Voigt, University of Hamburg, Germany’Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature.’ -- Amir N. Licht, Radzyner School of Law, IsraelTable of ContentsContents: Foreword Law, Economics and Evolutionary Theory: State of the Art and Interdisciplinary Perspectives Peer Zumbansen and Gralf-Peter Calliess PART I: EVOLUTIONARY THEORY AND HISTORICAL TRAJECTORIES 1. The European Enlightenment, the Industrial Revolution, and Modern Economic Growth Joel Mokyr 2. The Unbearable Lightness of A – Useful Knowledge and Economic Growth Thráinn Eggertsson 3. The Law Merchant’s Story: How Romantic is it? Bruce L. Benson 4. Path Dependence: A Foundational Concept for Historical Social Science Paul A. David PART II: EVOLUTIONARY THEORY IN LAW AND ECONOMICS 5. System and Evolution in Corporate Governance Simon Deakin and Fabio Carvalho 6. Constitutional Possibility and Constitutional Evolution Eric A. Posner 7. The Expressive Power of Adjudication in an Evolutionary Context Richard H. McAdams 8. Forces Shaping the Evolution of Private Legal Systems Amitai Aviram 9. Legal Evolution between Stability and Change Martina Eckardt 10. The Genesis of Law: On the Paradox of Law’s Origin and its Supplément Marc Amstutz 11. Gene-Culture Co-Evolutionary Theory and the Evolution of Legal Behavior and Institutions Bart Du Laing 12. Making Evolutionary Theory Useful for Legal Actors Mauro Zamboni PART III: TRANSNATIONAL LAW AND EVOLUTIONARY GOVERNANCE 13. Transnational Commercial Law, Multi-level Legal Systems, and Evolutionary Economics Wolfgang Kerber 14. Darwin at Work: How to Explain Legal Change in Transnational and European Private Law Jan M. Smits 15. Linking Extra-legal Codes to Law: The Role of International Standards and Other Off-the-track Regimes Erich Schanze 16. Transnational Governance and Evolutionary Theory Gralf-Peter Calliess, Jörg Freiling and Moritz Renner Index

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Book SynopsisLaw and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.Contributors: M. Amstutz, A. Aviram, B.L. Benson, G.-P. Calliess, F. Carvalho, P.A. David, S. Deakin, B. Du Laing, M. Eckardt, T. Eggertsson, J. Freiling, W. Kerber, R.H. McAdams, J. Mokyr, E.A. Posner, M. Renner, E. Schanze, J.M. Smits, M. Zamboni, P. ZumbansenTrade Review’Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives.’ -- Stefan Voigt, University of Hamburg, Germany’Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature.’ -- Amir N. Licht, Radzyner School of Law, IsraelTable of ContentsContents: Foreword Law, Economics and Evolutionary Theory: State of the Art and Interdisciplinary Perspectives Peer Zumbansen and Gralf-Peter Calliess PART I: EVOLUTIONARY THEORY AND HISTORICAL TRAJECTORIES 1. The European Enlightenment, the Industrial Revolution, and Modern Economic Growth Joel Mokyr 2. The Unbearable Lightness of A – Useful Knowledge and Economic Growth Thráinn Eggertsson 3. The Law Merchant’s Story: How Romantic is it? Bruce L. Benson 4. Path Dependence: A Foundational Concept for Historical Social Science Paul A. David PART II: EVOLUTIONARY THEORY IN LAW AND ECONOMICS 5. System and Evolution in Corporate Governance Simon Deakin and Fabio Carvalho 6. Constitutional Possibility and Constitutional Evolution Eric A. Posner 7. The Expressive Power of Adjudication in an Evolutionary Context Richard H. McAdams 8. Forces Shaping the Evolution of Private Legal Systems Amitai Aviram 9. Legal Evolution between Stability and Change Martina Eckardt 10. The Genesis of Law: On the Paradox of Law’s Origin and its Supplément Marc Amstutz 11. Gene-Culture Co-Evolutionary Theory and the Evolution of Legal Behavior and Institutions Bart Du Laing 12. Making Evolutionary Theory Useful for Legal Actors Mauro Zamboni PART III: TRANSNATIONAL LAW AND EVOLUTIONARY GOVERNANCE 13. Transnational Commercial Law, Multi-level Legal Systems, and Evolutionary Economics Wolfgang Kerber 14. Darwin at Work: How to Explain Legal Change in Transnational and European Private Law Jan M. Smits 15. Linking Extra-legal Codes to Law: The Role of International Standards and Other Off-the-track Regimes Erich Schanze 16. Transnational Governance and Evolutionary Theory Gralf-Peter Calliess, Jörg Freiling and Moritz Renner Index

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Book SynopsisThis insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of 'mass justice'. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy makers.Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. VerstijlenTrade ReviewClaims for compensation in private law are traditionally categorised and considered as individual rights but, as this set of essays demonstrates, increasingly in practice they develop into collective claims. The problems this poses, and the variety of solutions available to deal with them, are expertly analysed across different legal systems. A publication of immense importance, for policymakers and practitioners alike. --Anthony Ogus, The University of Manchester, UKMass Justice is an interesting volume which Edward Elgar saw the wisdom of publishing since, in the United Kingdom, there is not much legal activity as regards class actions, unlike in the United States. --Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Mass Justice and its Challenges Jenny Steele and Willem H. van Boom 2. Mass Resolution of Mass Torts: Emerging Issues in the United States and the Global Future Richard A. Nagareda 3. Cy-près for Consumers: Ensuring Class Action Reforms Deal with ‘Scattered Damages’ Geraint Howells 4. Cross-border Mass Litigation: A Particular Challenge for European Law Astrid Stadler 5. Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress Christopher Hodges 6. Collective Rights and Collective Goods: Enforcement as Collective Interest Eva Kocher 7. Access to Environmental Justice in England and Wales: Funding Representation for Court Reviews of Administrative Action Robert Lee and Radoslaw Stech 8. Promoting Distributional Justice on Corporate Insolvency in the 21st Century David Milman 9. Dealing with Damages in Insolvency: The Insolvency Administrator’s Collective Claim for Damages versus Individual Claims of Creditors Frank M.J. Verstijlen 10. Historic Asbestos Exposure and Liability Insurance: Issues of Aggregation and Reinsurance Rob Merkin and Jenny Steele 11. The International Oil Pollution Compensation Funds and Dealing with the Masses Willem Oosterveen 12. Representation in Collective Bargaining on Employment Conditions in the Netherlands Zef Even Index

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Book SynopsisCriminal Justice Policy is an authoritative collection of previously published writings addressing the most important issues which have dominated the field during the past fifteen years.Topics covered include: international perspectives on the extent and nature of crime; theoretical explanations for the onset, escalation and termination of criminal behaviour; the social context of crime; evaluating alternative crime policy options; crime control policy and the future.Criminal Justice Policy should be required reading for community leaders, for policymakers at all levels of government and for members of the general public actively interested in creating more effective crime policies.Table of ContentsContents: Introduction Part I: The Extent and Nature of Crime: International Perspectives Part II: Theoretical Explanations for the Onset, Escalation, and Termination of Criminal Behavior Part III: The Social Context of Crime Part IV: Evaluating Alternative Crime Policy Options Part V: Crime Control Policy and the Future: What is to be Done? Index

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Book SynopsisThe pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. The rigorous and insightful introduction by Francisco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law.In particular he discusses: anthropology and the emergence of law tort law contract law family law the economics of privacy. The Economics of Private Law will be essential reading for economists, lawyers and judges alike.Trade Review'This is a well edited collection of important papers which will find a home in university libraries throughout the world. The volume stands testimony to the significance of Richard Posner as the leading thinker of the L and E School.' -- K. Lawler, Economic IssuesTable of ContentsContents: Introduction Part I: Anthropology and the Emergence of Law Part II: Tort Law Part III: Contract Law Part IV: Family Law Part V: The Economics of Privacy Index

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Book SynopsisJudge Richard A. Posner's work on the economics of public law is a critical component of the interaction between the new law and economics movement and public choice theory. It exemplifies the parallel influence that these two important intellectual movements have had on the current understanding of legal institutions. Together with an insightful introduction by Francesco Parisi, this volume brings together his most important contributions on areas such as: the economics of constitutional law and legislation the economics of criminal law the economics of labour law and employment discrimination the economics of antitrust. The Economics of Public Law will be essential reading for economists, lawyers and judges alike.Table of ContentsContents: Introduction Part I: Legislation and Constitutional Law Part II: Criminal Law Part III: Labor Law and Employment Discrimination Part IV: Regulation and Antitrust Index

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Book SynopsisThis book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method- Part II Justice and the Judiciary- Part III Reasoning and Language(s)Trade Review“This book is a good starting point for those interested in understanding how judges and legal professionals, especially those holding the highest judicial posts, think of their activity. One of the most valuable aspects of the book is that it allows judges to write in the first person, and to reflect about what makes their work valuable for society, sharing both their ideas and doubts with the rest of us.” (Julen Etxabe, International Journal for the Semiotics of Law, Vol. 32, 2019)Table of ContentsEditorial Note,-Preface,-Biographies.- Part I: Art and Method.- Part II: Justice and Judiciary.- Part III: Reasoning and Language(s).

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Book Synopsis​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions.The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts.In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.Chapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.Table of ContentsWhat are and to what avail do we study European International Law Traditions? by Peter Hilpold.- The Concept of International Law – The German Perspective by Christian Tomuschat.- The 'Austrian School of International Law' – The influence of Austrian international lawyers on the formation of the present international legal order by Heribert Franz Köck.- The Concept of International Law: The Italian Perspective by Carlo Focarelli.- The French Tradition of International Law by Andrea Hamann.- British Contributions to Public International Law by Michael Wood.- Exploring Belgian and Dutch “Traditions” in International Law by Jan Wouters and Nina Pineau.- International Law from a Nordic Perspective by Astrid Kjeldgaard-Pedersen and Jakob v.H. Holtermann.- The Russian Concept of International Law as Imperial Legacy by Lauri Mälksoo.- International Adjudication under Particular Consideration of International Criminal Justice: The German Contribution by Stefanie Bock.- The development of International Economic Law - Contributions of German-Speaking Countries by Ernst-Ulrich Petersmann.

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Book SynopsisThe book presents a comprehensive reconceptualization of Geert Hofstede’s well-known concept of power distance, applying the theory to the specific case of judge–witness courtroom interactions in Polish regional courts. In the light of the detailed critique of Hofstede’s original approach to power distance, the book first carefully develops a three-level concept of power distance, including personal preferences concerning the realization of power relations (subjective level); rules, practices and spatio-architectural arrangements underlying power relations (organizational level); and individual demeanors that can, in practice, increase or decrease the asymmetry between parties to a power relation (interactional level). This reconceptualization provides a universal conceptual apparatus that is applicable to various social settings, but the authors have used it in extensive qualitative and quantitative research focused on courtroom interactions. After laying the theoretical foundations, the book details the elements of judge–witness courtroom interactions (both verbal and non-verbal) that contribute to establishing power distance between judge and witness. These were identified over 6 months of observational research conducted in 2018 in the Kraków regional courts. Lastly, the book addresses the issue of the relationship between the subjective level of power distance and opinions that laypeople can have concerning a judge’s demeanor in the courtroom environment. To do so, it describes specific quantitative research that involved the creation of original film clips depicting witness questioning by the judge in a courtroom in three power distance situations. Offering a coherent framework for examining various interpersonal relations in legal contexts and illustrating how the framework can be applied on the courtroom interactions example, the book will appeal to a wide range of legal practitioners and academics. It also allows scientists outside the legal field to gain a new and broad understanding of power distance that they can easily apply in their respective fields. Furthermore, it provides non-academics with insights into courtroom interactional dynamics, as exemplified by the discussion of Polish judicial practice.Table of Contents1 Introduction.- 2 Courts, Courtrooms and Power Distance.- 3 Judge-Witness Courtroom Power Distance Dynamics.- 4 Subjective Power Distance and Opinions on Judges.- 5 Conclusion.

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Book SynopsisThis open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.Table of ContentsIntroduction.- European Union Law and National Law: a Common Legal System?.- Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe.- Broadening the Right to Personal Autonomy and Supported Decision-making: from International Ideas to National and European Legislation on Voluntary Measures.- The Role of the International Law Association in the Restatement and Evolution of International and National Law relating to Indigenous Peoples.- The Role of the FATF in the Evolution of Counter-terrorism Asset Freezing Laws in the Nordic Countries: We Fought the Soft Law and the Soft Law Won.- The European Space Agency’s Contribution to the Making of National Space Law.- Host states’ labour regulation in the aftermath of international investment disputes: five levels of impact and interaction.

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