Methods, theory and philosophy of law Books

Book SynopsisMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.Table of ContentsThilo Kuntz and Paul B. Miller: Introduction I - Methodology in Private Law Theory: General Perspectives 1: Marietta Auer: A Genealogy of Private Law Epistemologies 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law 3: Andrew S. Gold: When Private Law Theory is Close Enough 4: Felipe Jiménez: Understanding Private Law 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship 8: Nils Jansen: The Point of View of Doctrinal Legal Science 9: Paul B. Miller: Formalism, Legality, and the Rule of Law 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers III - Empirical, Philosophical, and Normative Approaches to Private Law Theory 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship 13: Lorenz Kähler: The Minimal Morality of Private Law 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights 15: Paul Krell: The Critical Potential of Doctrinal Analysis 16: Kevin Tobia: Private Law Theory from an Empirical Perspective

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Table of ContentsForeword by John Finnis Acknowledgements Introduction by Veronica Rodriguez-Blanco's Part I Integrity, Values , Interpretation, and Objectivity Ronald Dworkin: Life and Works Lokendra Malik Integrity and Truth in Law's Empire Jonathan Crowe Dworkin's Perfectionism James E. Fleming and Linda C. McClain Interpretation in Normative Domains Alexander Brown Justice, Integrity, and the Common Law Trevor R.S. Allan Taking (Human) Dignity and Rights Seriously: The Integrated Legal, Moral, and Political Philosophy of Ronald Dworkin Imer Flores Are There Any Interpretative Concepts? Pritam Baruah Part II Dignity, Responsibility, and Free Will Interpreting Human Dignity Allen W. Wood Dworkin's Dignity Under the Lens of the Magician of Könisberg Veronica Rodriguez-Blanco Does Dignity Help in Thinking about Paternalism Barbara Baum Levenbook Dignity, Rights, and Virtues in the Department of Values Isabel Trujillo Part III Freedom of Speech, Right to Privacy, and Human Rights Dignity and Free Speech David Richards Ronald Dworkin and Free Speech James Allan Exit Hercules: Ronald Dworkin and the Crisis of the Age of Rights Lorenzo Zucca Part IV Dignity, Constitutions, and Legal Systems Revamping Associative Obligations George Pavlakos Dworkinian Dignity: Rights and Responsibilities of a Life Well Lived Erin Daly Ronald Dworkin's Judge: Philosopher Master of Rights Salman Khurshid A Dworkinian Reading of the Indian Constitution Suhrith Parthasarathy A Dworkinian Right to Privacy in New Zealand Mark Bennett and Petra Butler Afterword by Justice A.K. Sikri Index About the Editors and Contributors

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Book SynopsisDebate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases.The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment.The book then presents an original justification for executing truly terrible criminals, a justification thatTrade ReviewReview from previous edition Hannah Arendt ends Eichmann in Jerusalem with a statement about the sentencing of Adolf Eichmann: "we find that no one, that is, no member of the human race, can be expected to want to share the earth with you." Kramer's excellent new book develops an original line of argument that echoes that Arendtian sentiment into what he calls the purgative justification for capital punishment....Kramer's book is a well-argued and inventive work that will generate new avenues of discussion in legal and moral philosophy * Eric M. Rovie, Political Studies Review *Matthew Kramer's book The Ethics of Capital Punishment is a significant achievement. Not only does it offer a thorough and up-to-date discussion of traditional justifications for the death penalty, it also attempts to offer an alternative, novel justification for it, something that Kramer calls the purgative rationale. Although I am not entirely sympathetic to this aim, I think that carving out a new territory within this already crowded intellectual space is something which ought to be commended * John Danaher, Criminal Law and Philosophy *The book's provocative thesis, connecting moral philosophy with legal scholarship, will surely occupy a position of importance in ongoing debates within criminal law * Harvard Law Review *In this bold philosophical inquiry, Professor Matthew Kramer develops a justification for the death penalty as a sui generis concept: the purgative rationale. After grappling with and rebutting the standard justifications for capital punishment deterrence, retributivism, incapacitation, and denunciation Professor Kramer develops the purgative rationale, arguing that a community is tainted in other words, its moral integrity is lessened by the continuing existence of anyone who has perpetrated some especially hideous crimes * Harvard Law Review *Table of Contents1. Introduction ; 2. Deterrence through Capital Punishment ; 3. Death and Retribution ; 4. Death as Incapacitation ; 5. Death as a Means of Denunciation ; 6. The Purgative Rationale for Capital Punishment ; 7. The Death Penalty in Operation

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Book SynopsisAn introduction to the driving principles of public choice. The authors review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. The text is suitable for lawyers, students and political scientists.

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Book SynopsisDrawing on concepts taken from US law and legal theory, postmodernism and queer theory, as well as the author's own experience in the courtroom and classroom, this book examines the complexities of lesbian identity and the often detrimental ways in which legal scholarship approaches lesbianism.

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Book SynopsisThe book provides an in-depth discussion of democratic theory questions in relation to refugee law.The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflecTable of ContentsI. The refugee;Chapter 1 Who is a refugee?;Chapter 2 Who decides who is a refugee?;II. Democracy’s edges;Chapter 3 Citizenship and the claiming of rights;Chapter 4 Democracy between the need for institutions and demands of inclusion;III. The legal conditions of refugees’ political voice;Chapter 5 Institutions of refugees’ political participation;Chapter 6 The role of associative rights for refugees’ political voice;Chapter 7 Humanitarian government and the political membership of refugees;Chapter 8 Representation of refugees in international forums;

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Book SynopsisPhilosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues likTable of ContentsIntroduction Part I: Theories of Punishment and Contemporary Perspectives 1. Theories of Punishment 2. Retribution 3. Offenders as Citizens 4. Hybrid Theories of Punishment 5. Limiting Retributivism and Individual Prevention 6. The Contours of a Utilitarian Theory of Punishment in Light of Contemporary Empirical Knowledge about the Attainment of Traditional Sentencing Objectives 7. The Restorative Justice Movement: Questioning the Rationale of Contemporary Criminal Justics Part II: Philosophical Perspectives on Punishment 8. Defamiliarizing Punishment 9. The Retributive Sentiments 10. The Right to Punish 11. Problem of Proportional Punishment 12. The Gap 13. Science and the Evolution of American Criminal Punishment 14. What is Wrong with Mass Incarceration? Part III: Sciences, Prevention, and Punishment 15. Punishment, Shaming, and Violence 16. Humanizing Prison through Social Neuroscience: From the Abolition of Solitary Confinement to the Pursuit of Socual Rehabilitation 17. Effects of Prison Crowding on Prison Misconduct and Bullying 18. Biosocial Risk Factors for Offending 19. Brain Abnormalities Associated with Pedophilia: Implications for Retribution and Rehabilitation 20. Current Trends in Cognitive Neuroscience and Criminal Punishment 21. Behavioural Genetics and Sentencing 22. Prediction, Screening and Early Intervention 23. Comparison of Socio-Affective Processing across Subtypes of Antisocial Psychopathology 24. Forensic Mental Health Treatment and Recidivism 25. Recovery of Persons Labelled "Not Criminally Responsible": Recommendations Grounded in Lived Experiences Part IV: Alternatives to Current Punishment Practices 26. Punishment and Its Alternatives 27. Pre-Trial Detention and the Supplantating of our Adversarial System 28. A Non-Punitive Alternative to Retributive Punishment 29. The Takings Doctrine and the Principle of Legality 30. How to Transform a Static Security Prison into a Dynamic Organism for Change and Growth 31. Towards a Strengths-Based Focus in the Criminal Justice System for Drug-Using Offenders

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Book SynopsisThis study focuses on the practice of punishment, as it is inflicted by the state. The author''s first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this accoTable of ContentsPreface An Introduction 1 PUNISHMENT AS RETRIBUTION 2 THE POINT OF PUNISHMENT: FORWARD-LOOKING ACCOUNTS 3 TWO HYBRID THEORIES Part I: H.L.A. Hart’s compromise solution Part II: Teleological retributivism 4 THE FUNCTION OF LAW AND THE NATURE OF LEGAL OBLIGATION 5 THE ENFORCEMENT OF LAW Part I: The function of enforcement Part II: The practical dimensions of enforcement— policing and Adjudication Part III: Enforcement, reform, and the concept of diversion 6 TOWARDS A THEORY OF SENTENCING: RESPONSIBILITY, GUILT AND THE IDEA OF A CRIMINAL OFFENCE Part I: The nature of the task Part II: The principle of responsibility and the concept of guilt Part III: Weighing the seriousness of offences 7 SENTENCING AND THE IDEA OF RESTORATIVE JUSTICE Part I: Two preliminary sentencing options Part II: Sentencing as conflict resolution Part III: Practical implications 8 TOWARDS A PHILOSOPHY OF PUNISHMENT

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Book SynopsisThe Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the first famous fictitious legal case of all time. Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges. Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions.Why read this book? One reason is to get beyond sloganeering about judicial activism and activist judges. The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism. It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy. Table of ContentsIntroduction; Part 1 Lon Fuller’s Case of the Speluncean Explorers; Chapter 1 Opinion of Chief Justice Truepenny; Chapter 2 Opinion of Justice Foster; Chapter 3 Opinion of Justice Tatting; Chapter 4 Opinion of Justice Keen; Chapter 5 Opinion of Justice Handy; Chapter 6 Opinion of Justice Tatting; Chapter 7 Postscript; Part 2 Nine New Opinions; Chapter 8 Opinion of Chief Justice Burnham; Chapter 9 Opinion of Justice Springham; Chapter 10 Opinion of Justice Tally; Chapter 11 Opinion of Justice Hellen; Chapter 12 Opinion of Justice Trumpet; Chapter 13 Opinion of Justice Goad; Chapter 14 Opinion of Justice Frank; Chapter 15 Opinion of Justice Reckon; Chapter 16 Opinion of Justice Bond;

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Book SynopsisPresents an overview of the English legal system. This work provides the groundwork for an understanding of legal institutions, processes and materials, and places the study of law within a frameworkof inquiry focusing on the evaluation and explanation of legal decision making at various levels. It examines the civil justice system after Woolf.

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Book SynopsisNew to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.Trade Review'… one of the most influential legal academic books of the last 30 years. It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules. Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible. This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book.' G. J. Slapper, Director of the Centre for Law, The Open UniversityTable of ContentsPart I: 1. Some food for thought; Part II. Reading, Using and Interpreting Rules in General: 2. Problems and mischiefs; 3. Of rules in general; 4. Interpretation and application; 5. Imperfect rules; Part III. Reading Law: Reading, Using and Interpreting Legislation and Cases: 6. Routine and problematic readings; 7. Legislation; 8. Interpreting legislation; 9. Reading cases; 10. The European dimension; 11. Rules, reasoning and interpretation; Part IV: Questions and exercises.

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Book SynopsisThis book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. Murphy also analyses philosophical arguments about the nature of forgiveness and mercy in the legal process.Trade Review'Their analyses of these crucial emotions are clear, elegant and sufficiently controversial to initiate an exciting and much needed discussion of the proper role and the nature of the personal passions in social practice and theories.' Robert C. Solomon, University of Texas, AustinTable of ContentsPreface and acknowledgements Jeffrie Murphy and Jean Hampton; Part I. Introduction: 1. The retributive emotions Jeffrie Murphy; Part II. Forgiveness and Christianity Jean Hampton: 2. Forgiveness and resentment Jeffrie Murphy; 3. Forgiveness, resentment and hatred Jean Hampton; 4. Hatred: a qualified defence Jeffrie Murphy; 5. The retributive idea Jean Hampton; 6. Mercy and legal justice Jeffrie Murphy; Index.

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Book SynopsisThis book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics.Trade Review'… invaluable … a realistic assessment of the complexities of the morally and politically fraught profession of cause lawyering.' David Dyzenhaus, Journal of Law and SocietyTable of ContentsAcknowledgements; List of abbreviations; 1. Lawyers in conflict and transition; 2. Cause lawyers, political violence, and professionalism in conflict; 3. Boycott, resistance, and the law: cause lawyering in conflict, repression, and transition; 4. Gender and cause lawyering in conflicted, authoritarian, and transitional societies; 5. Government lawyers in conflict, repression, and transition; 6. Lawyers in transitional political negotiations; 7. Lawyers, transitional justice and dealing with the past; 8. Conclusion; Appendices; Bibliography.

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Book SynopsisMootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To return to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.Table of ContentsPart 1 Legal Hermeneutics and Theory; Chapter 1 The New Legal Hermeneutics; Chapter 2 The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas, and Ricoeur; Chapter 3 A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory; Part 2 Law, Hermeneutics and Rhetoric; Chapter 4 Rhetorical Knowledge in Legal Practice and Theory; Chapter 5 Law in Flux: Philosophical Hermeneutics, Legal Argumentation, and the Natural Law Tradition; Part 3 Critical Hermeneutics and Legal Rhetoric; Chapter 6 Nietzschean Critique and Philosophical Hermeneutics; Chapter 7 Responding to Nietzsche: The Constructive Power of Destruktion;

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Book SynopsisA substantially revised second edition of the classic book that discusses the work of H.L.A. Hart and analyzes his important contributions to analytical jurisprudence.Trade Review"Neil MacCormick's deep substantive engagement with H.L.A. Hart's ideas made this book an important jurisprudential contribution when it was first published, and it remains perhaps the single best exploration, for example, of the idea of the internal point of view. This second edition promises to be more important yet. Not only does the significantly updated second edition explore in great depth Hart's later work and the reactions to it, and not only does it engage more recent jurisprudential debates, but it also provides valuable insight into and elaboration of MacCormick's own ideas."—Frederick Schauer, Harvard University"H.L.A. Hart is a close-grained exposition and critical appreciation of the thought of a master thinker by one of his most distinguished successors. The second edition maintains all the virtues of the first. It also extends them by taking account of further thought and scholarly work throughout, and adding an important introduction and epilogue that engage directly with changes in the views of both Hart and MacCormick and in the scholarly understanding and reception of Harts life and work. The book was and remains a work of unfailing clarity, critical sympathy and acute but generous appraisal." -- Martin Krygier * University of New South Wales *Table of Contents[table of contents] Contents Preface List of Main Works by H.L.A. Hart 1. Introduction to Second Edition 2. Hart: Moral Critic and Analytical Jurist 3. Hart's conception of law 4. Social rules 5. Morality - positive and critical 6. Obligation, duty, wrongdoing 7. Powers and power-conferring rules 8. Rights 9. The legal order I: Primary elements of law 10. The legal order II: Secondary rules 11. Judicial discretion and the judicial role 12. Sanctions, punishments, justice 13. Law, morality and positivism 14. Epilogue Notes Index

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Book SynopsisIn a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.

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Book SynopsisThis book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

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Book SynopsisThe Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today.In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dTable of ContentsForeword by Ján FigeľChapter One: Seventy Years after the Universal Declaration of Human Rights: Towards Strengthening the Protection of Human RightsChapter Two: An Introduction to the Punta del Este Declaration and Its Preamble Chapter Three: Article One: Foundation, Objective, and Criterion Chapter Four: Article Two: Generating Agreement and Building Common Understanding Chapter Five: Article Three: Defining and Specifying Human Rights Chapter Six: Article Four: Duties and Responsibilities Chapter Seven: Article Five: Education Chapter Eight: Article Six: Seeking Common GroundChapter Nine: Article Seven: Implementing and Realizing Human Rights in LegislationChapter Ten: Article Eight: Reconciliation and AdjudicationChapter Eleven: Article Nine: Potential Difficulties Involving Competing Human Rights ClaimsChapter Twelve: Article Ten: Most Egregious and Most FeasibleChapter Thirteen: Conclusions and The Way Forward Appendix A. The Punta del Este Declaration on Human Dignity for Everyone EverywhereAppendix B. African Perspectives on Human Dignity for Everyone Everywhere

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Book SynopsisThis volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics.Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, and our methods of fulfilling ethical goals. The chapters in this volume extend experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics and legal and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various aTable of Contents1. The Experimental Turn in Moral and Political Philosophy Antonio Gaitán, Fernando Aguiar and Hugo Viciana Part 1: Methods and Foundations 2. The Natural Law Thesis Under Empirical Scrutiny Ivar R. Hannikainen, Brian Flanagan and Karolina Prochownik 3. Concrete Over Abstract: Experimental Evidence of Reflective Equilibrium in Population Ethics Philipp Schoenegger and Ben Grodeck 4. Trolley Problems Reimagined: Sensitivity to Ratio, Risk, and Comparisons Craig McKenzie, Dana Kay Nelkin, Samuel C. Rickless and Arseny Ryazanov 5. The Psychology of Metaethics: Evidence For and Against Folk Moral Objectivism Lieuwe Zijlstra 6. The Explanatory Redundancy Challenge to Moral Properties Thomas Pölzler 7. Belief Distributions and the Measure of Social Norms Cuizhu Wang 8. Coming Full Circle: Incentives, Reactivity, and the Experimental Turn Mariìa Jimeìnez Buedo Part 2: Normative Ethics and Legal and Political Philosophy 9. Virtues for Real-world Utilitarians Stefan Schubert and Lucius Caviola 10. What Experiments Can Teach Us About Justice and Impartiality: Vindicating Experimental Political Philosophy Aureìlien Allard and Florian Cova 11. A Behavioral Ethics Perspective on the Theory of Criminal Law and Punishment Hadar Dancig-Rosenberg and Yuval Feldman 12. Behavioral Ethics and the Extent of Responsibility Douglas Husak 13. Against Moorean Defences of Speciesism François Jaquet Part 3: Applied Issues 14. Experimental Bioethics and the Case for Human Enhancement Blanca Rodriìguez 15. The Use and Abuse of Moral Preferences in the Ethics of Self-Driving Cars Norbert Paulo, Leonie Alina Möck and Lando Kirchmair 16. Adaptive Preferences: An Empirical Investigation of Feminist Perspectives Urna Chakrabarty, Romy Feiertag, Anne-Marie McCallion, Brain McNiff, Jesse Prinz, Montaque Reynolds, Sukhvinder Shahi, Maya Von Ziegesar, Angella Yamamoto, and Tomasz Zyglewicz 17. Reactionary Attitudes: Strawson, Twitter, and the Black Lives Matter Movement Anastasia Chan, Marinus Ferreira, and Mark Alfano

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Book SynopsisThe Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives.At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law.This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.Table of Contents1. Introduction 2. Intentional action 3. Recklessness 4. Negligence 5. Causation 6. Inchoate offences 7. Complicity 8. Homicide and Assault 9. Sexual offences 10. Defences 11. Punishment, pardons, and parole

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Book SynopsisThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of illiberal constitutionalism. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional revTable of Contents1. Turbulent times in the constitutionalism of Central and Eastern European countries; Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism; 2. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law; 13. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?

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Book SynopsisThis book introduces the concept of the Anthropocene and examines its importance for environmental legal thinking, research and practice. Two main arguments are explored. The first is that much of the scholarship in environmental law that addresses the Anthropocene does not respond to Earth systems science or the difference in scale as we move from local to global systems. Key examples include a focus on anthropocentrism, attempts to constitutionalise environmental protections, the prevalence of legal rights and the idea of ecological integrity. The second argument is that these points of focus derive from the prevalence of idealism in environmental legal scholarship. Idealism in this context does not refer to naivety or the presentation of unrealistic goals. Rather, this book is concerned with idealism as a philosophical commitment to the power of ideas to determine reality and drive future change. As expressed in legal scholarship, this book also argues that idealism involv

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Book SynopsisThis book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the worTrade Review'The reader has in [their] hands a specific study on a classic but highly topical question in public international law: does the opening of consular offices in an occupied territory constitute recognition of the sovereignty of the occupying state over the territory? This short and interesting study rigorously analyses this question and serves as an introduction to the Western Sahara conflict for those unfamiliar with it.'Juan Soroeta, Professor of International Law at the University of the Basque Country.Table of Contents1. Introduction; 2. Self-Determination and the Western Sahara Question; 3. The Doctrine of Recognition and Morocco’s Claim to Western Sahara; 4. Recent Developments in UN Practice Concerning Western Sahara; 5. Implications of Growing Support for the Moroccan Position on Western Sahara; 6. Conclusion: The Future of Western Sahara and the Future of International Law

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Book SynopsisJustin Desautels-Stein focuses on the development of pragmatic liberalism, between 1870 and the present. Using property law, constitutional law, and antitrust law as case studies, he places the intellectual history of liberalism into a contemporary legal context.Trade Review'In this wide-ranging and masterful work, Justin Desautels-Stein explores, dissects, and critiques what it means to think like a lawyer in today's hegemonic context of liberal legal thought. Drawing on art history and musicology, ranging from the anthropologist Philippe Descola to the philosopher Hubert Dreyfus, from Roland Barthes to Michel Foucault, Desautels-Stein creatively reinvigorates the Harvard School of legal structuralism to expose the deep historical, structural, and conceptual illusions of contemporary pragmatic legal liberal thought.' Bernard E. Harcourt, author of The Illusion of Free Markets: Punishment and the Myth of Natural Order'An engrossing, at times deeply moving effort to recover the unity and purpose of critical legal studies.' Charles Sabel, Columbia Law School, New York'A fascinating contribution to critical legal thought in the United States. Desautels-Stein revisits and reinterprets American legal pragmatism alongside late twentieth century efforts to assess and critique its practice. His direct informal style brings complex theoretical debates to life.' David Kennedy, Harvard Law School, MassachusettsTable of ContentsOverture; 1. The rise and fall of the Harvard School; 2. Towards a jurisprudence of style; 3. Structure and style in time; 4. The classical style 5. The modern style; 6. Liberal legalism and the context of legal thought; 7. American pragmatism; 8. Liberal legalism is dead: long live liberal legalism; 9. Trompe L'oeil liberalism; Coda.

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Book SynopsisCommon-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on and will prompt lawyers to pose fresh questions about the common law tradition and the nature of judicial decision-making.Trade Review'Professor Duxbury provides us with a wealth of scholarship and some valuable insights into two aspects of judging which have not received much attention to date. In particular, he shows us how the two are inter-related – all dissents being essentially obiter dicta – and debunks the myth that today's dissent is tomorrow's orthodoxy – although I hope that it is not always a myth.' Brenda Hale, the Baroness Hale of Richmond, former President of the Supreme Court of the United Kingdom'A very thoughtful discussion of two aspects of judicial practice which deserve more attention, exploring how obiter dicta are used to fit an individual case into a wider principled legal scheme and what moves judges to write dissents. It encouraged me to reflect more deeply about my own judicial writing.' Philip Sales, Justice of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council'In these twin essays of breathtaking range and erudition, Neil Duxbury illuminates two largely unstudied ways in which judges contribute to the common law by expressing views that create no binding precedent. Anyone interested in the craft of judging will be wiser, as well as hugely well informed, after reading this book.' George Leggatt, Justice of the Supreme Court of the United Kingdom'Advocates and judges constitute a small minority of the legal profession. But they and others will be rewarded by reading this attractive, succinct monograph, which is an exemplary and insightful study into under-appreciated aspects of the craft of judgment writing and legal argument…. It is difficult to imagine readers who would not emerge wiser from reading the account of the changing attitudes to majority decisions of multi-member courts.' Mark Leeming, Judge of Appeal, Supreme Court of New South Wales, Cambridge Law Journal'Anyone writing on either dicta or dissent shall firmly stand upon the shoulders of this book.' Elijah Granet, Notes on the Style of the Law'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law JournalTable of ContentsPreface; Table of cases; Prologue; Essay I. Dicta: introduction; 1. The civilian dimension; 2. Case law as common law; 3. 'Obiter' as legal entity; 4. Dicta depicted; 5. Oblique strategies; 6. Engines of confusion; 7. The necessity test; 8. Cheap talk; 9. Dicta and dicta; 10. Nearly law?; 11. Observation and authority; 12. The sources problem; Essay II. Dissent: introduction; 13. Some preliminary observations on dissent; 14. The nature of judicial dissent; 15. Without contraries is no progression?; 16. Stalemates and motivations; 17. Dissents, decisions, and courts; 18. The tug of unanimity in England's courts; 19. Dissent in an apex court; 20. When is a dissent not a dissent?; 21. Minorities as authorities; 22. Are we agreed?; Index.

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Book SynopsisPrivacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In this highly original work, Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Canand shouldwe rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout historybut constantly persecutedand politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangeredand often overlookedin the digital age.Trade Review'… Life After Privacy: Reclaiming Democracy in a Surveillance Society is an eloquent, compelling call for us to rethink our commitment to privacy by understanding its history and uses. Rather than attempting to double down on a possibly doomed principle, DeBrabander argues that what is really needed is more democracy, and specifically a newly energized commitment to a public sphere that requires open, transparent, and meaningful debate. An indispensable book for our times that does what great political philosophy needs to do - make us question what we mean by our most basic concepts.' William Egginton, author of The Splintering of the American Mind'In 2020, more so than in 1984, the Big Brother is watching you. But does this really matter? - asks Firmin DeBrabander's pungent new book. Ranging from intellectual history to contemporary economics, from Big Data to Big Politics, from confession to contestation, Life After Privacy argues that we should finally begin caring for the public realm, rather than obsessing about intrusions into the private domain, which is something of a political fiction. If there is a work with the potential to reframe the very terms of the current debate on privacy, it is the one you are now holding in your hands!' Michael Marder, author of Political Categories: Thinking Beyond Concepts'This book makes accessible a counter-intuitive (perhaps even seemingly-contrarian) argument about privacy that deserves a hearing. Not all readers will agree with DeBrabander's conclusion that privacy is pretty much dead. But this is a view murmured often enough in Silicon Valley to warrant serious attention. DeBrabander understands our skepticisms but skillfully argues that we are inexorably drawn to this conclusion nonetheless. Those who care deeply about privacy, as well as those who look forward to the transparent society, will learn much from this book's subtle arguments. And remember: the best philosophy books are the ones that strike you as implausible by their title but leave you convinced after you've read them.' Colin Koopman, author of How We Became Our Data'Life After Privacy does a good job of setting our angst in a historical or philosophical setting.' Richard Waters, Financial Times'This is public philosophy at its best.' Paul Showler, LSE Review of BooksTable of ContentsPreface; 1. Confessional Culture; 2. Defenses of Privacy; 3. Big Plans for Big Data; 4. The Surveillance Economy; 5. Privacy Past and Present; 6. The Borderless, Vanishing Self; 7. Autonomy and Political Freedom; 8. Powerful Publics; Conclusion.

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Book SynopsisIn the context of our increasingly global legal order, Pierre Legendre's God in the Mirror reconsiders the place of law within the division of existing bodies of knowledge. Navigating the texts of Ovid, Augustine, Roman jurists, medieval canon lawyers, Freud, Lacan, the notebooks of Leonardo de Vinci, and the paintings of Magritte, this third volume of Pierre Legendre's Lessons focuses on the relation of the subject to the institution of images. Legendre tracks the origins and vicissitudes of the specular metaphor within western history, carrying out a critique of its dependence on the discourse of the Imago Dei. A crucial landmark within Legendre's ongoing reconsideration of a medieval revolution of interpretation', this book dissociates the western normative tradition from its mythic foundation, separating theology and law. It thereby documents the advent of modern rational doubt, as a new legal foundation or ground: one that, for Legendre, was not only a revoTable of ContentsPrologue. To fabricate man so that he resembles man: The question of images and the reproduction of humanity Chapter 1. The constitutive alienation of the subject: Prolegomena to every theory of the image Chapter 2. The relational nature of identity and society: Remarks on the deployment of the mythological function Aside Chapter 3. ‘Id efficit, quod figurat’ (The efficient is the symbol): Social constitution of the word and the normative emergence of images Conclusion. The link of the image: link to the foundations of the image

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Book SynopsisThis book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia''s most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems thaTrade Review'These stimulating essays confront the incapacity of our democratic and international institutions to meet the challenge of Carbon emissions. The authors canvass the possibility of refining and developing existing legal concepts, including the public trust doctrine, the fiduciary duty, integrity regimes and sovereign trust obligations, so as to breathe life into our institutions and equip them to meet that challenge.' Sir Anthony Mason, AC, KBE, QC, formerly ninth Chief Justice of the High Court of AustraliaTable of ContentsChapter 1 Rulers’ Duties to Our Environment?, Ken Coghill, Charles Sampford, Tim Smith; Chapter 2 Fiduciary Duty and Climate Governance: Challenges for International Diplomacy and Law, Will McGoldrick, Donald Feaver, Andrew Maver; Chapter 3 Public Trusts and Fiduciary Relations, Paul Finn; Chapter 4 Trust, Governance and the Good Life, Lisi Oliver, Charles Sampford; Chapter 5 Public Officials, Public Trusts and Fiduciary Duties, John Glover; Chapter 6 Atmospheric Trust Litigation Across the World, Mary Christina Wood; Chapter 7 Fiduciary Principles and International Organizations, Donald Feaver; Chapter 8 High Court of Australia on Fiduciary Theory, Rosemary Teele Langford; Chapter 9 Applying Fiduciary Duty in Real Politik, Andrew Murray; Chapter 10 Fiduciary Duty, Democracy and the Rule of Law, Robert Clark; Chapter 11 The Role of Fiduciary Duty in Safeguarding the Future, Kelvin Thomson; Chapter 12 A Ponzi Scheme on the Environment? Failures of Fiduciary Duty and the Challenges of Climate Governance, Fiona Haines; Chapter 13 From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment through a Fiduciary Prism, Evan Fox-Decent; Chapter 14 Conclusion, Ken Coghill, Charles Sampford, Tim Smith;

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Book SynopsisIn comparison to medicine, the professional field of public health is far less familiar. What is public health, and perhaps as importantly, what should public health be or become? How do causal concepts shape the public health agenda? How do study designs either promote or demote the environmental causal factors or health inequalities? How is risk understood, expressed, and communicated? Who is public health research centered on? How can we develop technologies so the benefits are more fairly distributed? Do people have a right to public health? How should we integrate ethics into public health practice?The Routledge Handbook of Philosophy of Public Health addresses these questions and more, and is the first collection of its kind. Comprising 26 chapters by an international and interdisciplinary team of contributors, the handbook is divided into four clear parts: Concepts and distinctions Reasons and actions Distribution and inequalitiesTable of ContentsIntroduction: Philosophy and Public Health Alex Broadbent and Sridhar Venkatapuram Part 1: Concepts and Distinctions 1. The Public in Public Health John Coggon 2. Medicine and Public Health Daniel Steel 3. Groups and Individuals Stephen John 4. Concepts of Health and Disease in Public Health Benjamin Smart 5. Public Health and Ethics Sridhar Venkatapuram 6. The Philosophical Implications of Fundamental Cause Theory Daniel Goldberg 7. Causal Pluralism and Public Health Federica Russo Part 2: Reasons and Actions 8. External Validity and Public Health Chad Harris 9. Explanation in Public Health Olaf Dammann 10. Evidence-Based Medicine and Public Health Mathew Mercuri and Ross E. G. Upshur 11. Profiling in Public Health Winnie Ma 12. Big Data and Public Health Derek W. Braverman 13. Machine Learning and Public Health: Philosophical Issues Thomas Grote and Alex Broadbent Part 3: Distribution and Inequalities 14. Capabilities, Human Flourishing, and the Health Gap Michael Marmot 15. Measuring Social Position in Health Inequality Research Mel Bartley 16. Race and Racism in Public Health M.A. Diamond-Hunter 17. Sex and Gender Blind Spots and Biases in Health Research Avni Amin, Lavanya Vijayasingham, and Jacqui Stevenson 18. Global Health Indicators and Data: Communicative Signs and Sites of Contest Sara L. M. Davis 19. Securitization and Health Jeremy Youde 20. Health, Place and Justice: A Philosophical Appraisal of Promoting Equity in Covid-19 through Disadvantage Indices Samantha Fritz, Tuhina Srivastava, Emily Sadecki, and Harald Schmidt Part 4: Rights and Duties 21. Social Justice and Public Health Maxwell J. Smith 22. Health, Healthcare, and Public Health as Objects of (Human) Rights Michael Da Silva 23. Disability Justice and Public Health Agnès Berthelot-Raffard 24. Ageing and Justice in Health: A Conceptual Map toward a Unified View Kebadu Mekonnen Gebremariam and Ritu Sadana 25. Philosophical Issues in Cancer and Public Health Anya Plutynski 26. Public Health, Human Rights, and Philosophy Kristen Hessler. Index

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Book SynopsisToward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention.Table of Contents1. An informal opening; 2. Among the formalist ghosts; 3. Walking softly: the positivist contribution; 4. Walking with purpose: a naturalist turn; 5. Back to the future: an originalist gambit; 6. A hard line: further positivist efforts; 7. Crossing over: the anti-formalist critique; 8. Moving on: an ideological inquiry; 9. Law and ideology: the informalist approach; 10. Looking for the informal judge.

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Book SynopsisDrawing on primary sources including novels, Victorian periodical literature, legislative debate, case law and legal treatise, Cathrine O. Frank traces the ways conventions of literary characterisation mingled with character-centred legal developments to produce a jurisprudential theory of character that extends beyond the legal profession.

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Book SynopsisSince its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a signifi­cant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337

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Book SynopsisPRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.Trade ReviewDsouza reveals how much more thinking remains to be done about one of criminal law theory’s most discussed topics ... those seeking to make further progress in thinking about defences in criminal law will profit by engaging with this thoughtful, challenging and inventive book. -- James Edwards * The Modern Law Review *This is an impressive piece of work: it is carefully reasoned, responsive to existing debates in criminal law theory, and always mindful of the practical implications of the theoretical claims it defends. -- Zachary Hoskins, University of Nottingham * Criminal Law and Philosophy *Table of ContentsPart I: Overview 1. The Proposed Borders of Justification and Excuse Part II: Defences in the Structure of the Criminal Law 2. Reasons and Perspective in the Criminal Law 3. The Normative Guidance Underlying the Criminal Law Part III: Translating Theory into Doctrine 4. The Theoretical Framework of Rationale-Based Defences 5. The Contours of Paradigmatic Justifications 6. Rationale-Based Excuses 7. Supervening Justificatory Necessity 8. Mapping the Model’s Implications

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Book SynopsisThis is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.Table of ContentsIntroduction Mark McBride (National University of Singapore) and James Penner (National University of Singapore) PART I GENERAL JURISPRUDENCE AND LEGAL REASONING 1. On the Relationship between Law and Legal Reasoning Fred Schauer (University of Virginia, USA) 2. The Law of the Street Barbara Baum Levenbook (North Carolina State University, USA) 3. Must Legal Reasons Be General? Fábio Perin Shecaira (Federal University of Rio de Janeiro, Brazil) 4. The Factor Model and General Jurisprudence Adam Rigoni (Arizona State University, USA) PART II RULES AND REASONS 5. No Reasons Mark McBride (National University of Singapore) 6. Revisiting the Reasons Account of Precedent Grant Lamond (University of Oxford, UK) 7. Grant Lamond’s Account of Precedent: A Personal Encounter John Horty (University of Maryland, USA) 8. How to Govern Conduct Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA) 9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Judge-Made Law James Penner (National University of Singapore) PART III DOCTRINE AND PRACTICE 10. Thinking Like a Lawyer: An Introduction to Common Law Method Sundram Peter Soosay (Independent Scholar) 11. How the Ideal Adversary System’s Argumentative Structure Threatens Dignity Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada) 12. Lesser Evils, Mere Permissions and Justifying Reasons in Law Rob Mullins (University of Queensland, Australia) 13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View Scott Brewer (Harvard University, USA)

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Book SynopsisHow does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule’s legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.Table of ContentsPART 1 ESTABLISHING THE PGC AS A SUPREME MORAL PRINCIPLE 1. The PGC as a Supreme Moral Principle 1. Introduction 2. The Dialectical Necessity of Morality 3. Philosophical Criticisms of the PGC 4. Conclusion 2. The PGC in Raz’s Hierarchy of Reasons 1. Introduction 2. Raz on the Nature of Reasons 3. Resolving Conflicts between Reasons 4. Conclusion PART 2 ESTABLISHING PERMISSIBILITY WITH REFERENCE TO THE PGC AS A NECESSARY CONDITION OF A RULE’S LEGAL VALIDITY 3. Agency, Morality and Law 1. Introduction 2. The PGC and Legal Norms 3. The Operation of the PGC within a Legal System 4. Conclusion 4. Raz and Legitimate Legal Authority 1. Introduction 2. Raz, Legal Authority and the Contingency Thesis 3. Authority to Make Law and the Sources Thesis 4. Systemic Functionality 5. Obligations to Obey the Law 6. Conclusion 5. Contemporary Inclusive Positivism 1. Introduction 2. David Lyons and Formalism 3. Incorporationism and Jules Coleman 4. The Moderate Incorporationism of Matthew Kramer 5. Conclusion Conclusion

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Book SynopsisWith a Foreword by the South African Minister of Water Affairs and Forestry, Kader Asmal. The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic, mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar -who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers, lawyers and non-lawyers alike, interested in the relationship between law and justice, as it is exposed during a period of transition to democracy. "...an excellent commentary on a crucial period...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice. .." -Paul Williams (Journal of Modern African Studies) "a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law". -Scott Veitch (Res Publica) "The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus' book, capture the misery and suffering of a nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of law's effect...the book is as much about hope as it is about pain. Judging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-turner" -Vivian Grosswald Curran (Alberta Law Review) "...an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event...Second, it develops an extended argument for a challengingly normative conception of the rule of law. And third, the book is well written and a pleasure to read." -Michael Milde (Canadian Journal of Law and Jurisprudence) "Dyzenhaus's sophisticated treatment...may yet serve as a benchmark statement in future debates, whether or not one agrees with its philosophical point of departure." -Aletta J. Norval (Constellations) "As legal fora increasingly lose direct state-related implementation power as a result of globalization and regionalization, judges will need to consider methods that pursue civil and social justice when actual implementation is likely to be imperfect or ineffectual. Judging the Judges, Judging Ourselves is an excellent contribution to considerations of this historical dilemma." -John P. McCormick (New York University Journal of Law and Social Change) "...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial function...This is a splendid book." -The Hon Sir Anthony Mason "Judging the Judges, Judging Ourselves underscores the imperative that, as the idea of equal citizenship takes root in the new South Africa, the links between social justice and procedural morality should be forged rather than assumed." -Christine Sypnowich (Oxford Journal of Legal Studies)Trade ReviewThrough his close scrutiny of the Legal Hearing of the South African Truth and Reconciliation Commission, Dyzenhaus renders notable service as an historian and philosopher of law. His book becomes an intentional part of the work of the tribunal and an enduring part of the archive in the 'struggle against forgetting' (p.182). His admonitions and arguments about law help us to understand possibilities and pitfalls of the ongoing work of democratic law in all societies. Peter d'Errico The Law and Politics Book Review June 2004 ...provides an excellent commentary on a crucial period of the TRC's investigations designed to highlight the unavoidable connections between philosophy, law and politics...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice as well as those with a specific interest in the particularities of the South African transition. Paul Williams Journal of Modern African Studies June 2002 The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus book, capture the misery and suffering of nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of laws effect, an illustration of Robert Covers thesis that law does not merely perpetrate and depend on violence, but that it is violence. Professor Dyzenhaus argues that law also can offer the promise of justice. In this respect, the book is as much about hope as it is about painJudging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-tuner, as the author alternated among legal theory, argument and testimony. In the context of the voices of the dispossessed, quoted word for word, no doubt can remain as to why the questions this book poses are vital, or as to whether we need be concerned with trying to formulate and articulate the theoretical underpinnings of judicial systems and the appropriate conduct of judges. Vivian Grosswald Curran Alberta Law Review September 2002 Judging the Judges, Judging ourselves is an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event: the inquiry by South Africa's Truth and Reconciliation Commission into the operation of that country's legal system under Apartheid. Second, it develops an extended argument for a challengingly normative conception of the rule of law, complete with compelling practical illustrations of what can happen if officials charged with maintaining the integrity of a legal system adopt a less substantive standard. And third, the book is well written and a pleasure to read. Michael Milde Canadian Journal of Law and Jurisprudence September 2002 ...a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. In the argument's unfolding it comes to be a challenge not only to South African lawyers' self-understanding of their past roles and present and future commitments, but also to lawyers and western legal systems more generally. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law. Scott Veitch Res Publica September 2002 ...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial functionThis is a splendid book. The Hon Sir Anthony Mason Law Society Journal September 2002Table of ContentsChapter 1. Truth, Memory and the Rule of Law Chapter 2. Judicial Dilemmas: Tales of (Dis)empowerment Chapter 3. Memory’s Struggle Chapter 4. The Politics of the Rule of Law Schedule of the Hearing 184

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Book SynopsisThis book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.Table of Contents1. Introduction.- 2. Holmes' Critical Experience in War.- 3. Experience, Inference and Surviving.- 4. Holmes, Pragmatism and Nature.- 5. Duty, Surviving, Social Contract.- 6. Emersonian Sensibilities.- 7. Bounded Choice, Human Freedom and Problem Solving.- 8. Naturalizing Decision-Making.- 9. Ethics, Body Politic, and Neuroscience.- 10. Neuroscientific Considerations and the Law.- 11. Conclusion.

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Book SynopsisThis book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.Table of ContentsThe Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems.- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law.- Progress in Purity v. Purity in Progress. On: “The Law works itself pure.- In the Mix: Common Law and Civil Law Approaches United.- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems.- A Matter of Choice: On China’s Transition to a Civil Law System.- Xxx.- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds.- Civil Law is only more or less Common Law – why Overstate the Difference?.- Common Law and Civil: Tree Diagram or Pyramid of Norms?.- A Positive Turn: Originalism between Common Law and Civil Law.- Common Law, Civil Law, and the Data of Legal Philosophy.- A Post Mortem on Legal Science?.- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries.- Common Law and Civil Law – The Matter of Constitutional Reasoning.

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Book SynopsisThis textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book. Table of Contents

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Book Synopsis Unlike conventional interpretations of Kant's Rechtslehre, Rainer Friedrich demonstrates that Kant does not derive the necessity of a state of public law from natural property law. Rather, the innate human right of liberty forms the subjective legal basis of the state. The close textual analysis both consults the preparatory studies to the doctrine of law and virtue and Kant's relevant lectures and considers contemporary commentaries. The study emphasizes the systematicity of duty underlying the Rechtslehre, Kant's doctrine of subjective rights, the doctrine of original acquisition and the significance of the general will for private law, together with the transition from private to public law. Rainer Friedrich provides a coherent historically and systematically arranged reconstruction of Kant's rationality of law.

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Book SynopsisVor dem Hintergrund der Frage, ob der souveräne Staat noch die angemessene Gestalt ist, in der sich menschliches Zusammenleben organisieren kann, klärt Marco Haase Grundfragen der Rechts- und Staatsphilosophie. Ausgangspunkt ist die erkenntnistheoretische Frage, was unter einem gesellschaftlichen Gebilde wie dem Staat zu begreifen sei. Dabei erweist sich, daß der Geltungs- und Wirkgrund einer staatlichen Rechtsordnung der freie, autonome Wille ist.Im Mittelpunkt der Untersuchung steht Hegels hermeneutische Rechts- und Staatstheorie, die einerseits von Kelsens positivistischer Rechtslehre, andererseits von Kants vernunftrechtlichem Ansatz abgegrenzt wird. Der Autor zeigt dabei die innere Denknotwendigkeit auf, die von Kelsen über Kant zu Hegel führt. Er weist nach, daß sich hinter Kelsens Begriff der Grundnorm das Problem des freien Willens verbirgt, und legt dar, daß die Frage, wie der freie Wille in der Welt wirken kann, zu Kants Theorie der Kunst führt, die zugleich den Schlüssel für die Deutung der Kantischen Erkenntnis- und Sozialphilosophie bildet. Auf diesen Ergebnissen aufbauend läßt sich zeigen, inwiefern Hegels Begriff des freien, sich selbst bestimmenden Geistes Gestalt in der Rechtsordnung des souveränen Staates gewinnt.Die Untersuchung macht nicht nur deutlich, inwiefern Kultur und Recht sich wechselseitig bedingen, sondern auch, daß die Frage nach der Souveränität des Staates und nach der Autonomie des Menschen zugleich die Frage danach ist, was den Sinn des Weltgefüges im ganzen begründet.

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