Methods, theory and philosophy of law Books

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.

Read more less

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;

Read more less

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

Read more less

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

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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;

Read more less

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

Read more less

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.

Read more less

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.

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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.

Read more less

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.

Read more less

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

Read more less

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;

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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.

Read more less

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.

Read more less

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

Read more less

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

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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)

Read more less

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

Read more less

Book Synopsis

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

Book SynopsisMenschliches Zusammenleben ist geprägt durch Auseinandersetzungen um knappe Güter. Seien es materielle Ressourcen, politische Macht, soziale Anerkennung oder andere gesellschaftlich relevante Positionen: Die Frage nach ihrer gerechten Verteilung steht seit jeher im Zentrum philosophischer Diskurse, politischer Debatten und sozialer Konflikte. Welche Antworten haben im Recht ihren Niederschlag gefunden? Claudia Hofmann untersucht hierzu gleichheitsorientierte Maßnahmen im internationalen, europäischen und deutschen Recht. Diese Maßnahmen, so wird deutlich, zielen einerseits primär auf Rechts- und Chancengleichheit; substanzielle Gleichheit steht selten im Mittelpunkt. Andererseits generieren sie erneut Ungleichheiten. Dies wirft die Frage auf, wie man mit dieser möglicherweise nie endenden Gleichzeitigkeit von Gleichheit und Ungleichheit umgehen sollte.

Read more less

Book SynopsisContributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by:Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

Read more less

Book SynopsisJedem sind sog. "Nudges" schon begegnet. Diese zwingen kein bestimmtes Verhalten auf, wollen aber in eine bestimmte Richtung schupsen ("to nudge"). Stephan Gerg untersucht die verfassungsrechtlichen Grenzen, wenn die öffentliche Hand auf den Bürger unbewusst oder nur halb bewusst durch "Nudges" und damit abseits von Ge- und Verboten sowie wirtschaftlichen Anreizen einwirkt. Hierzu zählen beispielweise Moralappelle, das Einwirken auf den Bürger durch sozialen Druck oder eine Widerspruchslösung im Organspenderecht. Ausgehend von einem juristisch definierten Begriff des Nudgings sollen anhand einer ebenfalls neuen Typologie die verfassungsrechtlichen Maßstäbe untersucht werden - insbesondere die grundrechtlichen Grenzen, der Vorbehalt des Gesetzes und der effektive Rechtsschutz. Im Mittelpunkt steht dabei die Besonderheit des Einwirkens auf die innere Autonomie, die Möglichkeit, den Willen des Bürgers über verborgene oder halb verborgene Beeinflussungspfade zu lenken, um ihm zu "besseren Entscheidungen" zu verhelfen. Wird bereits der Wille des Adressaten beeinflusst, braucht es keine Ver- oder Gebote mehr. Doch der demokratische Rechtsstaat spielt mit offenen Karten. In den Worten des zitierten Goethe ist keiner mehr Sklave, als der sich für frei hält, ohne es zu sein.

Read more less

Book SynopsisThis book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction. Table of Contents1. General Introduction.- 2. Rule-of-law and Judicial Federalism: The Role of Ordinary Courts in the Enforcement of Constitutional Rights.- 3. Constitutional Review in the United States of America: Does “Diffused” mean Complete Decentralization?.- 4. The German System of Constitutional Review: Prototype of a Concentrated Model?.- 5. Constitutional Review in Mexico: A Best of All Worlds Solution?.- 6. General Conclusions.

Read more less

Book SynopsisThis new English translation of Solov’ëv’s principal ethical treatise, written in his later years, presents Solov’ëv’s mature views on a host of topics ranging from a critique of individualistic ethical systems to the death penalty, the meaning of war, animal rights, and environmentalism. Written for the educated public rather than for a narrow circle of specialists, Solov’ëv’s work largely avoids technical vocabulary while illustrating his points with references to classical literature from the ancient Greeks to Goethe. Although written from a deeply held Christian viewpoint, Solov’ëv emphasizes the turn from his earlier position, now allegedly developing the independence of moral philosophy from metaphysics and revealed religion. Solov’ëv sees the formal universality of the idea of the moral good in all human beings, albeit that this idea is bereft of material content. This first new English-language translation in a century makes a unique contribution to the study of Solov’ëv’s thought. It uses the text of the second edition published in 1899 as its main text, but provides the variations and additions from the earlier versions of each chapter in running notes. Other unique features of this translation are that the pagination of the widely available 1914 edition is provided in the text, and the sources of Solov’ëv’s numerous Biblical quotations and references as well as literary and historical allusions.Trade Review“The translator of this new, highly readable edition of The Justification of the Moral Good, has used the existing English, French and German translations to inform his own, providing detailed notes about how the text changed over its various re-writes by Solovyov. His new edition is likely to serve as the source text for English language scholars and interested readers for years to come, combining an unfussy style with an expert’s insights into Solovyov’s changing writing and overall worldview.” (Andre van Loon, The Berlin Review of Books, berlinbooks.org, September, 2015)Table of ContentsPreface to the Second Edition.- Preface to the First Edition.- Introduction: Moral Philosophy as an Independent Discipline.- Chapter 1: The Original Data of Morality.- Chapter 2: The Ascetic Principle in Morality.- Chapter 3: Pity and Altruism.- Chapter 4: The Religious Principle in Morality.- Chapter 5: On Virtues.- Chapter 6: Pseudo Principles of Practical Philosophy.- Chapter 7: The Unity of Moral Foundations.- Chapter 8: The Unconditional Principle of Morality.- Chapter 9: The Reality of the Moral Order.- Chapter 10: The Individual and Society.- Chapter 11: The Principal Eras in the Historical Development of Personal-Social Consciousness.- Chapter 12: Abstract Subjectivism in Morality.- Chapter 13: The Moral Norm of Sociality.- Chapter 14: The National Question from the Moral Point of View.- Chapter 15: The Penal Question from the Moral Point of View.- Chapter 16: The Economic Question from the Moral Point of View.- Chapter 17: Morality and Legal Right.- Chapter 18: The Meaning of War.- Chapter 19: The Moral Organization of Humanity as a Whole.- Chapter 20: Conclusion: The Definitive Determination of the Moral Meaning of Life and the Transition to Theoretical Philosophy.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisThe sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.Table of ContentsIntroduction.- Social Protection in the Middle Ages and in the Early Modern State: Alms, Poor Relief, Care, Social Help.- Social Policy in the Empire: The Insurance Solution.- The First World War.- The Weimar Republic.- The Nazi State.- The Post-War Period, the Federal Republic, and the German Democratic Republic.- Social Law as a Scientific Discipline.- Europeanization of Social Law.- Long Term Perspectives for Social Protection.- References.- Index.

Read more less

Book SynopsisAuthors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.Table of ContentsIntroductions. Theory and critique of the rule of law, Danilo Zolo. The rule of law: an historical introduction, Pietro Costa. Part I: The European and the North-American historical experiences. The rule of law and the ‘liberties of the English’. The interpretation by Albert Venn Dicey, Emilio Santoro. Popular sovereignty, rule of law and ‘rule of judges’ in the United States of America, Brunella Casalini. Rechtsstaat and individual rights in German constitutional history, Gustavo Gozzi. État de droit and national sovereignty in France, Alain Laquièze. Rechtsstaat and constitutional justice in Austria. Hans Kelsen’s contribution, Giorgio Bongiovanni. Part II: The contemporary theoretical debate. The rule of law between past and future, Luigi Ferrajoli. Beyond the rule law: tyranny of judges or anarchy of lawyers?, Pier Paolo Portinaro. Rule of law and gender identity, Anna Loretoni. Machiavelli, the republican tradition and the rule of law, Luca Baccelli. Rule of law and spontaneous order. Bruno Leoni and Friedrich von Hayek’s criticism of the Euro-continental rule of law, Maria Chiara Pievatolo. Part III: Rule of law and colonialism. Rule of law and natives in North America, Bartolomé Clavero. The colonial model of the rule of law: the African constitution in Guinea, Carlos Petit. Part IV: Rule of law and Islamic culture. Islamic perspectives on constitutionalism, Raja Bahlul. The rule of morally constrained law. The case of contemporary Egypt, Baudouin Dupret. Part V: Rule of law and oriental cultures. ‘Asian values’ and the rule of law, Alice Ehr-Soon Tay. The rule of law and Indian society. From colonialism to post-colonialism, Ananta Kumar Giri. The Chinese legal tradition and the European spirit of the rule of law, Wu Shu-chen. Modern constitutional development in China, Lin Feng. Human rightsand the rule of law in contemporary Chinese legal philosophy and political practice, Wang Zhenmin and Li Zhenghui. Appendix. Bibliographical essay, Francesco Paolo Vertova. The authors. Name index.

Read more less

Book SynopsisHow do you describe cyberspace comprehensively?This book examines the relationship between cyberspace and sovereignty as understood by jurists and economists. The author transforms and abstracts cyberspace from the perspective of science and technology into the subject, object, platform, and activity in the field of philosophy. From the three dimensions of 'ontology' (cognition of cyberspace and information), 'epistemology' (sovereignty evolution), and 'methodology' (theoretical refinement), he uses international law, philosophy of science and technology, political philosophy, cyber security, and information entropy to conduct cross-disciplinary research on cyberspace and sovereignty to find a scientific and accurate methodology. Cyberspace sovereignty is the extension of modern state sovereignty. Only by firmly establishing the rule of law of cyberspace sovereignty can we reduce cyber conflicts and cybercrimes, oppose cyber hegemony, and prevent cyber war. The purpose of investigating cyberspace and sovereignty is to plan good laws and good governance. This book argues that cyberspace has sovereignty, sovereignty governs cyberspace, and cyberspace governance depends on comprehensive planning. This is a new theory of political philosophy and sovereignty law.Table of ContentsNoumenon: Thing-in-Itself: Ontology of Cyberspace; Cyberspace Evolution; Cyberspace Security; Cyberspace Sovereignty; Epistemology: The Consideration of Cyberspace Order; The History of Cyberspace Legislation; The Rule of Law in Cyberspace Sovereignty; Methodology: Cyberspace and Order Coordination; Cyberspace and Overall Planning Entropy; The Overall Planning of Cyberspace Justice;

Read more less

Book SynopsisThis book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Žižek and from the perspective of Mahāyāna Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies. Table of ContentsChapter 1: Beyond Colonialism: Osmotic Restruction of Gender / Sexual Justice in Hong Kong.- Chapter 2: De / Sexing Fa / Law: Development of an Indigenous Legal Theory of Sexual Justice in Hong Kong.- Chapter 3: Beyond Globalization and Localization: Articulating a Theory of Justice in Han-Chinese Culture.- Part 2: Becoming Justice, Desiring Transformation.- Chapter 4: Simularizing Vijnana and Desire, Repeating Yi / Justice: Transplanting Deleuzean Becoming into the Machine of Hong Kong Anti-Domestic Violence Law.- Chapter 5: Desiring Justce, Acting Jnana: Transforming the Legal Transsexual Fantasy from the Perspectives of Žižekian and Mahayana Buddhist Theory.- Chapter 6: De-aging Family Law: Re-engineering the Children-Adult / Parents Machine.- Part 3. Desexualizing Law, De-aging Subjects.- Chapter 7: Confession of Law? A Critical Perspective on the Production of the Child Subject in Hong Kong Law in Control of Child Sexual Abuse.- Chapter 8: Deterritorializing Sexuality, Act(less)ing Justice: Žižekian / Deleuzean / Lao Zi’s Perspectives on Hong Kong’s Rape Law Reform.- Part 4. Undesiring Control, Respecting Multiplicities.- Chapter 9: Un/Controlling Desire, Becoming Others: Negotiating Justice in the Hong Kong Milieu of Mainland Pregnant Women Influx.- Chapter 10. Un/Desiring Data: Deinformatizing Human Subjects:Decontrolling the Individual in the Age of Internet.- Prologue.

Read more less