Methods, theory and philosophy of law Books

Book SynopsisFor over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common human nature. From the early medieval advent of Christendom, it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to the highest good, however variously understood. Today, nature and human natures wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law overlays constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.

Read more less

Book SynopsisThis reference guide provides the reader straightforward coverage on the controversial and often complicated topic of how the U.S. Supreme Court interprets the Religion Clauses of the U.S. Constitution, which promote the free exercise of religion and prohibit the establishment of religion. The resulting court decisions affects the lives of all Americans in an amazingly wide variety of contexts in the religious and government context. This diverse range includes abortion, conscience rights, drug use, military service, and the rights of same sex couples. These issues are highly controversial and often passionately divisive. This work specifically addresses how the Supreme Court has decided these issues during the tenure of the current Chief Justice, John Roberts. In applying the Religion Clauses to a specific case, the justices often follow the philosophical principles of what the Clauses mean. This book explains these differing ideologies and their significance in Supreme Court jurisprudence on cases where the Religion Clauses have been invoked. While holding to long-established principles, American law constantly evolves to meet the challenges of the United States and as a result of reinterpretation of existing legal issues. Chief Justice John Roberts has served on the Court since 2005. The Court has significantly changed during this time, especially in recent years. As jurists change, the overall judicial perspective of the Court changes as well, giving rise to a potentially new Constitutional jurisprudence in all areas of the law. In covering constitutional jurisprudence in contemporary America, we discuss complicated topics in plain English, with minimal jargon, to make the work as accessible as possible to students and general readers. Editorial enhancements are provided to help the researcher refine or expand their research. As a reference work, this book is not offered to persuade the reader to adopt a particular opinion, but instead, seeks to be unbiased, presenting differing positions on given issues, and facilitating the reader to make informed on some of the most important issues in contemporary American society.Table of ContentsIntroduction; The Religion Clauses in the US Supreme Court, 1953 through 2005; The Religion Clauses in the Roberts Court; Conclusion: Current Issues and Future Prospects; Index.

Read more less

Book SynopsisReadings in the Philosophy of Law brings together central texts on such topics as legal reasoning, the limits of individual liberty, responsibility and punishment, and international law. The included selections provide superb coverage of both classic and contemporary views, and are edited only lightly to allow readers to grapple with arguments in their original form. Culver and Giudice's clear, accessible introductions discuss key terms, claims, issues, and points of connection and disagreement. Readings are placed within their historical and social contexts, with analogies and examples emphasizing the continuing relevance of the arguments at issue. This third edition is updated to take account of the rise of legal pluralism, debates over judicial review of constitutional rights, anti-terrorism laws, hate crime, and non-state law at both regional and global levels.Trade Review“This is an exceptionally well-organized textbook. The editors’ introductory matter is uniformly first rate. It is a collection from which a professor could build an excellent course.” — Richard Bronaugh, University of Western Ontario“A balanced and thorough introduction to philosophy of law that includes recent work in critical legal studies and feminism, and important material on international law. I strongly recommend it.” — Paul Hughes, University of Michigan, Dearborn“Readings in the Philosophy of Law is an excellent textbook. The editors carefully distill central themes of legal philosophy into manageable segments without sacrificing the level of detail that makes the subject both demanding and interesting. By structuring the material around the central questions that inform, or spring from, each debate, the authors prompt students to think critically about the material presented. In my view, the mark of a great textbook is that instructors from a range of philosophical schools will be excited to use it. I think Keith Culver and Michael Giudice have achieved this elusive goal.” — Margaret Martin, author of Judging PositivismTable of Contents Acknowledgements Preface Introduction Further ReadingsChapter 1: Natural Law Theory St. Thomas Aquinas, ""Treatise on Law,"" Questions 90-91, 94-96, Summa Theologica John Finnis, from Natural Law and Natural Rights Chapter 2: Legal Positivism John Austin, from The Province of Jurisprudence Determined H.L.A. Hart ""Positivism and the Separation of Law and Morals"" ""Law as the Union of Primary and Secondary Rules,"" The Concept of Law ""The Foundations of a Legal System,"" The Concept of Law Chapter 3: Integrity Ronald Dworkin ""The Model of Rules I,"" Taking Rights Seriously ""Integrity in Law,"" Law's Empire Chapter 4: Legal Realism Oliver Wendell Holmes, ""The Path of the Law,"" The Common Law Brian Leiter, ""Rethinking Legal Realism: Toward a Naturalized Jurisprudence"" Chapter 5: Recent Developments: Feminist Jurisprudence, Critical Race Theory, and Legal Pluralism Patricia Smith, ""Feminist Jurisprudence and the Nature of Law,"" Feminist Jurisprudence Catharine A. MacKinnon, ""Toward Feminist Jurisprudence,"" Toward a Feminist Theory of the State Richard Delgado, ""About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties"" Brian Tamanaha, ""Looking at Micronesia for Insights about the Nature of Law and Legal Thinking"" Chapter 6: Constitutional Rights, Judicial Review, and Democracy Jeremy Waldron, ""A Right-Based Critique of Constitutional Rights"" Wil Waluchow, ""Constitutions as Living Trees: An Idiot Defends"" Chapter 7: Law and Limits on Individual Liberty John Stuart Mill, from On Liberty Patrick Devlin, ""Morals and the Criminal Law,"" The Enforcement of Morals H.L.A. Hart, from Law, Liberty and Morality Ronald Dworkin, ""The Threat to Patriotism"" Chapter 8: Responsibility H.L.A. Hart, ""Postscript: Responsibility and Retribution,"" Punishment and Responsibility R.A. Duff, ""Choice, Character, and Action,"" Criminal Attempts Heidi Hurd, ""Why Liberals Should ‘Hate' Hate Crime Legislation"" Chapter 9: The Nature of International Law Hugo Grotius, ""Prolegomena,"" De Jure Belli Ac Pacis Libri Tres H.L.A. Hart, ""lnternational Law,"" The Concept of Law Martti Koskenniemi, ""The Politics of lnternational Law"" Roger Cotterrell, ""Transnational Communities and the Concept of Law""

Read more less

Book SynopsisThis is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.Trade Review“This is an excellent collection that serves as an accessible and illuminating introduction to issues in Canadian law and to puzzles about the nature of legal reasoning. The case excerpts are judiciously selected and the range of topics covered is impressive. The general introduction to the nature of legal disputes and the functioning of the court system will help those without a background in law to understand and appreciate important but unfamiliar features of the legal system.” — Colin Macleod, University of Victoria“Canadian Cases in the Philosophy of Law is an indispensable resource and guide for students, scholars, teachers of law and philosophy courses, and interested citizens. The updated fifth edition provides clear and thoughtful introductions to the main legal concepts and debates surrounding the most important Canadian legal decisions that have shaped Canadian legal and political culture and society.” — Violetta Igneski, McMaster University“The fifth edition of Canadian Cases in the Philosophy of Law provides an excellent introduction to the deepest issues in the philosophy of law. It maintains the high standard of case editing from the earlier editions, but its great improvement is the new and extremely helpful editors’ introduction that sets the cases in their proper procedural and institutional context. Philosophers and theoretically inclined lawyers alike will learn much from this excellent new edition of a long-respected text.” — Malcolm Thorburn, University of TorontoTable of Contents Introduction PART I: CONSTITUTIONAL LAW A: The Constitution Reference Re Resolution to Amend the Constitution of Canada Edwards v. Attorney-General of Canada Reference Re Manitoba Language Rights Reference Re Secession of Quebec B: The Scope and Operation of the Charter Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. R. v. Oakes Canada (Justice) v. Khadr Related Cases PART II: FUNDAMENTAL FREEDOMS R. v. Big M Drug Mart Ltd. R. v. Keegstra R. v. Butler Little Sisters Book and Art Emporium v. Canada (Minister of Justice) R. v. Sharpe Chaoulli v. Quebec (Attorney General) Related Cases PART III: EQUALITY RIGHTS Andrews v. Law Society Of British Columbia Eaton v. Brant County Board Of Education Vriend v. Alberta Law v. Canada (Minister of Employment and Immigration) Reference Re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.) Canada (Attorney General) v. Bedford Reference Re Same-Sex Marriage Related Cases PART IV: AUTONOMY AND SELF-DETERMINATION Malette v. Shulman R. v. Morgentaler Rodriguez v. Attorney-General of B.C. B. (R.) v. Children’s Aid Society of Toronto R. v. Latimer (SCA) and R. v. Latimer (SCC) Winnipeg Child And Family Services v. G. (D.F.) Starson v. Swayze Carter v. Canada (Attorney General) Related Cases PART V: PROCEDURAL JUSTICE Roncarelli v. Duplessis Re B.C. Motor Vehicle Act R. v. Carosella Suresh v. Canada (Minister of Citizenship and Immigration) and Report of the Committee Against Torture Dunsmuir v. New Brunswick R. v. J.H.S. Related CasesPART VI: RESPONSIBILITYA: Criminal Responsibility and DefenceR. v. City of Sault Ste. MarieR. v. HundalPerka v. The QueenR. v. Lavallee and R. v. MalottR. v. EwanchukR. v. JAB: Liability in Private LawCook v. LewisMarconato and Marconato v. FranklinNorberg v. WynribCrocker v. Sundance Northwest Resorts Ltd.C: PunishmentKindler v. Canada (Minister Of Justice) and United States v. BurnsR. v. ProulxSauve v. Canada (Chief Electoral Officer)Related CasesPART VII. INDIGENOUS ISSUESR. v. MachekequonabeMitchell v. MNRR. v. SparrowTsilhqot’in Nation v. British Columbia and Letter of Understanding Between the Tsilhqot’in Nation and CanadaKtunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)Related CasesPART VIII. INTERNATIONAL CASESTrail Smelter Arbitration (United States v. Canada)SS Lotus (France v. Turkey)Legality of the Threat or Use of Nuclear WeaponsAccordance with International Law of the Unilateral Declaration of Independence in Respect KosovoRelated CasesAppendix: Canadian Charter of Rights and Freedoms Glossary of Legal Terms

Read more less

Book SynopsisTheRisale-i Nur Collection is full of 'general principles,' not only related to the Islamic Jurisprudence but also to all the fields of Islam or Islamic life and Islamic branches of knowledge. Based on or specially favored with profound wisdom having its source in the Divine Wisdom or the Divine Name of the All-Wise, the Risale-i Nur Collection contains numerous principles, precepts, or maxims which are standards or brilliant criteria enabling people to think, believe, and live according to Islam, and to evaluate and judge things and events in Islam’s light. They also provide people with the essentials or basic principles on which the branches of Islamic knowledge and Islamic science are based. Thus, we have tried to collect many of these principles in this book under certain titles, and in certain parts or sections according to the fields of thought and branches of knowledge to which they have a greater relevance.

Read more less

Book SynopsisThe timeless validity of Roman law to contemporary jurists

Read more less

Book Synopsis

Read more less

Book SynopsisAmong the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional juTrade ReviewThis volume encompasses her essays on transitional justice over the course of a decade, offering insights into the development both of her thought and the field itself. As such, it is essential reading for those who seek to understand the rise to prominence, and shifting meanings, of transitional justice in contemporary human rights discourse and practice." -Chandra Lekha Sriram, Professor of International Law and International Relations, Co-Director of the Centre on Human Rights in Conflict, University of East London, Global Policy JournalTable of ContentsIntroduction ; Part I: Overview ; 1. Transitional Justice Globalized ; Part II: Roots ; 2. The Universal and the Particular in International Criminal Justice ; 3. Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal and Their Legacy) ; Part III: Narratives ; 4. Transitional Justice Genealogy ; 5. Bringing the Messiah Through the Law ; 6. Transitional Justice as Liberal Narrative ; Part IV: Conflict, Transition and the Rule of Law ; 7. The Law and Politics of Contemporary Transitional Justice ; 8. Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May, Symposium Issue on Just and Unjust Wars ; 9. Transitional Rule of Law ; 10. The Alien Tort and Global Rule of Law ; 11. Transitional Justice and the Transformation of Constitutionalism ; Epilogue ; Index

Read more less

Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

Read more less

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

Read more less

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

Read more less

Book SynopsisThe Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.Trade ReviewThe Anthropology of Islamic Law is a must read for students of both classical and modern Islamic law, Islamic ethics, Islamic scriptural hermeneutics, religious education in the Muslim world, and postcolonial studies concerned with the wide-ranging institutional, epistemic, and pedagogical changes wrought by the advent of colonial modernity in Muslim lands, as well as for students of religious law, ethics, and scriptural hermeneutics more generally. * Carl Sharif El Tobgui, Journal of the American Oriental Society *In a strikingly original work, Aria Nakissa brings contemporary philosophy together with deep ethnographic and textual knowledge to convey the logic and practices of traditionalist Islamic learning. Based on fieldwork in Cairo, the book provides the clearest account to date of competing Islamic approaches to Sharīʿa. * John R. Bowen, Dunbar-Van Cleve Professor in Arts & Sciences, Professor of Anthropology, Washington University in St. Louis *Professor Nakissa presents us with an erudite text. Deeply ethnographic, historically informed, and philosophically grounded, it draws the disparate strands of Islamic scholarship into a provocative synthesis. Scholars of Islam would benefit greatly from an engagement with Nakissa's arguments. * Ali Agrama, Associate Professor of Anthropology, at University of Chicago *Aria Nakissa's innovative analysis of the transmission of Sharīʿa knowledge at the venerable al-Azhar in Cairo combines a subtle ethnography of persisting academic relations based on teacher-student 'companionship' and emulation with astute readings in a wide variety of related conceptualizations in the history and present of Islamic thought. * Brinkley Messick, Professor of Anthropology and of Middle Eastern, South Asian, and African Studies, and Director of the Middle East Institute, Columbia University *Drawing deeply on both ethnographic and textual evidence, Nakissa bridges a deep methodological divide in Islamic studies. This lucidly written and persuasively argued study will engage readers across multiple disciplines. * Marion H. Katz, Professor of Middle Eastern and Islamic Studies, New York University *

Read more less

The second volume of Joel Feinberg's work, "The Moral Limits of Criminal Law", a four-volume work that addresses the question: what kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizen?

Read more less

Book SynopsisThe 4th and final volume in the series defines the philosophical basis for criminalizing so-called "victimless crimes", such as pornography and consensual sexual activity.Trade Review`It is comprehensive, systematic, argued with a rigour and scrupulousness unmatched, let alone surpassed, in any comparable study.' Times Literary Supplement`the most comprehensive and fully argued liberal treatment of the moral limits of the criminal law yet to be produced' Times Higher Education Supplement'full of detail and careful argument ... a very subtle and nuanced book ... The work is wide-ranging, and has value for those with interests in social philosophy and ethics as well as philosophers of law.' Joel J. Kupperman, University of Connecticut, Mind, Vol. 101, No. 401, Jan 1992

Read more less

Book SynopsisIn The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West''s legal discourse of `heathens'' and `infidels'', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of `savage'' and `barbarian'' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples'' rights in the United States and in other nations as well.Trade Reviewthis book can be recommended as providing a good overview of the jurisprudential status of the United States Indian tribes ... The author brings together all the important sources and events which have somehow contributed to legal thought affecting the American Indian. * Cambridge Law Journal *

Read more less

Book SynopsisIn an era when much of what passes for debate is merely moral posturing - traditional family values versus the cultural elite, free speech versus censorship - the terms `liberal'' and `politically correct'', are used with as much dismissive scorn by the right as `reactionary'' and `fascist'' are by the left.In There''s No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he takes both the left and the right equally to task. This book is essential reading for anyone with an interest in the outcome of America''s cultural wars.Trade ReviewMr Fish deflates anointed truths with joyful abandon, and he is at his best in exposing the often baleful effects wrought by mean-spirited defenders of traditional values * The New York Times Book Review *

Read more less

Book SynopsisWould you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but there are theories being seriously advanced by radical multiculturalists that force us to ask such questions. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins aTrade Review"Although I disagree with every word of this book, I found it utterly absorbing and uniquely provocative."--Laura Kalman, Professor of History, University of California, Santa Barbara "Professors Farber and Sherry have given us a sober and passionate defense of the liberal Enlightenment faith against its most serious intellectual assault in a generation. More effectively than any scholars I know, they remind us of the moral, legal, and political stakes in the current academic battles between the party of reason and party of emotionalism and subjectivity."--Jeffrey Rosen, Legal Affairs Editor, The New Republic "At a time when some on the right as well as the left are trying to turn individual liberties into swear words, these good old causes could use some help. They get it here."--Walter Olson, The Wall Street Journal "A vigorous critique of present-day radical, postmodern multiculturalism in legal academia."--David Wagner, The Washington Times

Read more less

Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *

Read more less

Book SynopsisIn this book, Paul Campos argues that the American worship of law and legality can at times become so pathological that it comes to resemble a type of legal madness, or Jurismania. Campos offers an intensely critical look at the role of law and legal reason in American society, and concludes that much of what is called the rule of law resembles a culturally sanctioned form of obsessive-compulsive behaviour.Trade ReviewJurismania provides a sharp reminder that the law cannot solve all problems, and serves up a chilling vision of a demented world in which regulation is all-pervasive and where respect for the law is lost through its misuse. It is a cautionary tale upon which we could do worse than reflect. * Roderick Munday, Justice of the Peace Volume 163 *

Read more less

Book SynopsisSamuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls'' work and is arguably Rawls'' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.Trade ReviewHighly recommended. * D.H. Rice, CHOICE *Table of ContentsPART ONE: A THEORY OF JUSTICE ; PART TWO: POLITICAL LIBERALISM ; PART THREE: THE LAW OF PEOPLES

Read more less

Book SynopsisCan the right to private property be claimed as one of the `rights of mankind''? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke''s Second Treatise and Hegel''s Philosophy of Right to illustrate this contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author''s overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions.Trade Review`A thoughtful and meticulous book ... consistently intelligent and often highly instructive.' Times Literary Supplement`an exceptionally clear and useful account ... Waldron's book demonstrates where an effort to take "the right to private property" seriously ought to lead.' Times Higher Education Supplement`scholarly book' Robert Oakeshott, Political Quarterly, 61.3 July-Sept 1990`His extensive discussion of Locke will not disappoint ... immensely rich. Highly recommended for all university and college libraries' Religious Studies Review`lucid and authoritative book ... A book like this is intended to be the beginning, not the end, of thinking about the subject it covers.' Constitutional Commentary`thoughtful, tightly reasoned book ... a very clear and extraordinarily sophisticated analysis of property rights.' Michigan Law Review`we should be grateful for the wealth of intelligent and insightful analyses in this big book' Dialogue`The great merit of Waldron's study is that it brings a high-powered and unforgiving microscope to one argument: that there is a right to private property ... Because the study of the right to property can lead in so many directions, and because Waldron is aware of them, this is a major contribution to contemporary political theory.' Political StudiesTable of ContentsPart 1: The Framework: Introduction; What is private property?; Right-based arguments; Special rights and general rights; Part II: The arguments: Arguing for property; Locke's discussion of property; Historical entitlement: some difficulties; General-right-based arguments for private property; The Proudhon Strategy; Hegel's discussion of property; Self-ownership and the opportunity to appropriate; Property for all; Bibliography; Index

Read more less

Book SynopsisWhat does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

Read more less

Book SynopsisThese essays, which cover a wide range of topics, were written by Professor Hart between 1953 and 1981, and first appeared in a variety of different books and journals.

Read more less

Book SynopsisAn updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Read more less

Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.

Read more less

Book SynopsisThis book develops a general, philosophical theory about the nature of law and its relationship with morality. Its central theoretical question is whether, in determining the extent of our legal rights and obligations, judges must appeal to moral principles and values. The author argues that they often do, and develops a philosophical theory which accomodates this fact.Trade Reviewmuch of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal StudiesThere are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *

Read more less

Book SynopsisIn any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy''s classic work, available now for the first time in English reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horTrade ReviewThis work provides one of the most penetrating, analytically refined, and influential general accounts of constitutional rights available. American realists will recognize the structure of rights it proposes as functional and pragmatic. Comparative constitutional jurists will recognize it as a reconstruction of what is, perhaps, the dominant understanding of constitutional rights in the world. It would be a mistake for constitutional scholars of any tradition not to engage this book seriously. * Mattias Kumm *Juian Rivers deserves credit not only for a text which does full justice to Alexy's renowned lucidity, but also for an introduction which argues persuasively for the relevance of Alexy's understanding of constitutional rights. * Legal Studies *... a valuable contribution to our appreciation of the wider context in which both the German Federal Constitutional Court (FCC) and US Supreme Court operate. * European Public Law *... provide(s) us with a stimulating theoretical account of the method of adjudication employed by the judges of the FCC, as well as some insight into the workings and background assumptions of German constitutional law. * European Public Law *... reveal(s) numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other. * European Public Law *... challenge(s) us to question some assumptions about UK public law and the role of the judge within it. * European Public Law *... provides a series of challenging arguments that draw together fine theoretical developments with a clear analysis of the German case law. Undoubtedly, it constitutes a building block of every serious discussion on constitutional rights and everyone who is interested in these issues should compare his views with Alexy's. His subtle analytical distinctions would shed much light over utterly obscure issues such as horizontality, proportionality, scope, and limits of rights. Moreover, a British audience puzzled by the role of a new Bill of Rights would find much relief from a comparative insight on questions of rights. The strength of this book is that it provides a sound framework for initiating a discussion on constitutional rights. * International and Comparative Law Quarterly *... provides an excellent analytical framework to deal with the most difficult constitutional rights issues. * International and Comparative Law Quarterly *Table of ContentsPREFACE ; A Theory of Constitutional Rights and the British Constitution ; 1. The Content and Purpose of a Theory of Constitutional Rights ; 2. The Concept of a Constitutional Rights Norm ; 3. The Structure of Constitutional Rights Norms ; 4. Constitutional Rights as Subjective Rights ; 5. Constitutional Rights and Legal Status ; 6. The Limits of Constitutional Rights ; 7. The General Right to Liberty ; 8. The General Right to Equality ; 9. Rights to Positive State Action ; 10. Constitutional Rights and Constitutional Rights Norms in the Legal System ; POSTSCRIPT

Read more less

Book SynopsisThis is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.Trade Review'Schauer has written a serious work in the philosophy of law and language, which can most fully be evaluated by specialists in those fields ... Schauer takes great care to be as precise as he can in his formulations.' Mark V. Tushnet, Georgetown University, Michigan Law Review'With Frederik Schauer's Playing by the Rules, we have a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important.' Leslie Green, York University, Toronto, American Political Science Review, Vol. 88, No. 1, March 1994`a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important' American Political Science Review

Read more less

Book SynopsisAfter a Commission chaired by Lord Diplock recommended that cases connected with the 'troubles' should be tried by judge alone, rather than jury, the Diplock Courts have been a controversial feature of Northern Ireland's response to political violence. This title assesses the impact of Diplock Courts and considers their broader implications.Trade Review...a thoughtful and reasoned account of the way in which Diplock courts appear to operate....an impressive account of an intriguing experiment in criminal procedure. Their book can be strongly recommended. * The Cambridge Law Journal *'This is a great book...This book should be bought and considered by the widest possible readership. The research is meticulous and well tabulated. The style academic yet eminently readable. The sources are impeccable. An expensive book which, looking backwards, is a brilliant historical account...this is a book for our time and beyond.' * Frontline *'a major contribution to research in the field of criminal justice.' * Just News, December 1995 *'These empirical findings are integrated with a scholarly discussion of rules of evidence and procedure and of theories of trial...it will be a great interest for students of trial processes...As a study of the interplay between legal rules and working rules, this book is a valuable socio-legal addition to the scholarly Oxford Monographs in Criminal Law and Justice series.' * The Howard Journal Vol.35 No.4 *

Read more less

Book SynopsisAssesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text develops three models of justice seeking to analyze and explain the increased use of prosecutorial power.

Read more less

Book SynopsisExplores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. This volume discusses the criteria for a claim of 'legal contractual exploitation'. It examines the consequences of this conception of exploitation upon the contract law doctrines of unconscionable dealing, duress, and undue influence.Trade Review...the reader will benefit from Bigwood's guide to what is now a very large body of doctrine...this book refuses to be swamped by the amount of material it discusses. * Cambridge Law Journal *Table of Contents1. Prospectus ; 2. Operational Bargaining Norms: Contracting Beyond Utopia ; 3. Contract and Justice: From Involuntariness to Exploitation ; 4. Legal Contractual Exploitation ; 5. Towards a Purely Processual Conception of Legal Contractual Exploitation ; 6. Exploitation of Special Disadvantage: Unconscionable Dealing ; 7. Contracting Under Duress ; 8. Exploitation of Deferential Trust: Relational Undue Influence ; 9. Beyond Legal Contractual Exploitation: Towards a Common Law Precept of Transactional Care ; References

Read more less

Book SynopsisThis new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.Trade ReviewAn excellent exposure to Raz's recent thoughts ... Raz offers sharp opinions in clear and unpretentious prose * London Review of Books *Table of ContentsI: THE ETHICS OF WELL-BEING: POLITICAL IMPLICATIONS ; II: BETWEEN LAW AND MORALITY

Read more less

Book SynopsisInstitutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick''s well-known ''institutional theory of law'', defining law as ''institutional normative order'' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart''s The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly ''system theory''. It also seeks to clarify the nature of claims to ''knowledge ofTrade ReviewMacCormick's general theory of law finds his most detailed expression in Institutions of Law. This book...is an elucidation of the concept of law as a kind of institutional normative order realised prominently...in the modern state. * Cristobal Orrego, University of the Andes, Chile, Jurisprudence *Table of ContentsPreface ; Acknowledgements ; PART I: NORM, INSTITUTION AND ORDER ; 1. On Normative Order ; 2. On Institutional Order ; 3. Law and the Constitutional State ; 4. A Problem: Rules or Habits? ; PART II: LEGAL POSITIONS AND RELATIONS ; 5. On Persons ; 6. Wrongs and Duties ; 7. Rights and Obligations ; 8. Legal Relations and Things: Property ; 9. Legal Powers and Validity ; PART III: LAW STATE AND CIVIL SOCIETY ; 10. Powers and Public Law: Law and Politics ; 11. Constraints on Power: Fundamental Rights ; 12. Criminal Law and Civil Society: Law and Morality ; 13. Private Law and Civil Society: Law and Economy ; PART IV: LAW, VALUE AND METHOD ; 14. Positive Law and Moral Autonomy ; 15. On Law and Justice ; 16. Laws and Values: Reflections on Method

Read more less

Book SynopsisPractical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.Trade ReviewAny serious reader should recognize the volume's rigor, sophistication, subtlety, and admirable ambitious sweep. It remains Raz's most impressive achievement ... the republication of Practical Reason and Norms ... is a welcome event. Anyone interested in legal or moral philosophy ... would be advised to pursue it. * Matthew H Kramer, Cambridge Law Journal *

Read more less

Book SynopsisVagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication.The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely of legal language: the linguistic and non-linguistic resources of the law are commonly vague.These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the Table of Contents1. Introduction ; 2. Linguistic Indeterminacy ; 3. Sources of Indeterminacy ; 4. Vagueness and Legal Theory ; 5. How not to Solve the Paradox of the Heap ; 6. The Epistemic Theory of Vagueness ; 7. Vagueness and Similarity ; 8. Vagueness and Interpretation ; 9. The Impossibility of the Rule of Law ; Bibliography ; Index

Read more less

Book SynopsisThis book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.Trade Review... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed. * The Cambridge Law Journal *Table of Contents1. Constitutive Conventions ; 2. Conventions and The Normativity of Law ; 3. Exclusive Legal Positivism ; 4. The Separation Thesis and The Limits of Interpretation ; 5. Authority and Authorship ; 6. Three Concepts of Objectivity ; 7. Four Questions about The Objectivity of Law ; 8. The Objectivity of Values ; Bibliography

Read more less

Book SynopsisThis volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions.Trade ReviewThe strength of Justice Gummow's work is its detailed and authoritive discussion concerning the various approaches used to develop and adapt the law. The table of cases and index are convenient additions to the text. Change and continuity: statute, equity, and federalism is thought-provoking reading and offers an informative perspective of the nature of law and doctrinal development. * International Trade and Business Law Annual *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J.H.Bogart, The Law and Politics Book Review Vol.10 No.3, March 2000. *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J H Bogart, The Law and Politics Book Review Vol 10 No 3 (March 2000) *...Justice Gummow gives us plenty of food for thought. * Roger Brownsword Law Quaterly Review October 2000 *"...there is a great deal of subject matter and thought in this small, yet panoramic, treatise." * Prof P H Lane The Australian Law Journal November 2000 *Table of ContentsPreface ; Table of Cases ; Lecture 1 The Common Law and Statute ; Lecture 2 Equity Follows the Law ; Lecture 3 Federalism ; Index

Read more less

Book SynopsisThis book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt''s legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen''s legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller''s position iTrade ReviewDyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ... * History of European Ideas 26 (2000) 225-264 *Dyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ... * History of European Ideas 26 (2000) 225-264 *The subtle contours ... will repay careful and sustained reading ... scholarly and well written ... a powerful antidote to the sad apologetics still being pandered by those who have sought to promote the work of one of fascism's most intelligent theorists. * Mark Neocleous, Radical Philosophy, jul-aug 99 *Table of Contents1. Legality and Legitimacy - Refractions from Weimar ; 2. Friend and Enemy: Schmitt and the Politics of Law ; 3. The Pure Theory in Practice: Kelsen's Science of Law ; 4. The Legitimacy of Legal Order: Hermann Heller's Legal Theory ; 5. Lessons from Weimar: The Legitimacy of Legality ; Index

Read more less

Book SynopsisThis book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state''s use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state''s use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limitTrade Review'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' * Henrique Carvalho, Modern Law Review *'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' * Nicola Lacey, British Journal of Criminology *'Ashworth and Zedner's Preventive Justice is the culmination of a project running over several years ... It is historically and theoretically informed and thoroughly convincing ... The authors' work is simultaneously groundbreaking and of direct practical application, and deserving of considerable praise.' * James Chalmers, Edinburgh Law Review *Table of Contents1. Introduction: the State and Coercive Preventive Measures ; 2. The Historical Origins of the Preventive State ; 3. Prevention, Policing and Criminal Procedure ; 4. Civil Preventive Orders ; 5. Preventive Offences in the Criminal Law: Rationales and Limits ; 6. Risk Assessment and the Preventive Role of the Criminal Court ; 7. Preventive Detention of the Dangerous ; 8. Counter-Terrorism Laws and Security Measures ; 9. Public Health Law, Prevention and Liberty ; 10. Prevention and Immigration Laws ; 11. Conclusions: the Preventive State and its Proper Limits ; Bibliography

Read more less

Book SynopsisHow do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have ''constitutions''? Should everyone want to live under a system of law? Is there a special kind of ''legal justice''? Does it consist simply in applying the law of the system? And how does it relate to the ideal of ''the rule of law''?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentTrade ReviewEvery essay in this collection contains many interesting and important claims, insights, and speculations ... this is a most impressive book. * Brian H. Bix, Cambridge Law Journal *Table of ContentsIntroduction ; 1. Law as a Leap of Faith ; 2. Legal Positivism: 5 1/2 Myths ; 3. Some Types of Law ; 4. Can There be a Written Constitution? ; 5. How Law Claims, What Law Claims ; 6. Nearly Natural Law ; 7. The Legality of Law ; 8. On the Supposed Formality of the Rule of Law ; 9. Hart on Legality, Justice, and Morality ; 10. The Virtue of Justice, the Character of Law ; 11. Law in General

Read more less

Book SynopsisPresenting a basic guide to current doctrine of precedent in England, this book discusses such topics as ratio decidendi, the role of precedents in legal reasoning and their significance as a source of law. This edition takes into account recent developments and the impact of EC law.Trade Review`The best book in its field on the topic.' Mark Lunney, King's College London`This is an excellent book and it is an essential reading for anyone who wants to know the operation of English law.' Say Hak Goo, University of Exeter`This is an excellent book which will remain a primary text for many years to come.' Stephen Shute, Corpus Christi College`An excellent survey of `precedent' in English law.' A.M. McGuire, Leicester PolytechnicTable of ContentsThe English doctrine of precedent; "ratio decidendi" and "obiter dictum"; "stare decisis"; exceptions to "stare decisis"; precedent as a source of law; precedent and judicial reasoning; precedent and legal theory; the future.

Read more less

Book SynopsisHans Kelsen's legal philosophy and legal theory is regarded by many in the field as the most influential theory in this century. This volume makes available some of the best work extant on Kelsens' theory, including papers newly translated into English.Trade Reviewa collection of essays thoroughly edited by Stanley Paulson and Bonnie Litschewski Paulson ... Within this review, it is impossible to give a complete overview of this rich discussion and to relate it to other Kelsenian debates. Fortunately, this is done by Stanley Paulson's instructive introduction ... well chosen collection. * Nils Jansen, Cambridge Law Journal, 1999 *Centring on the themes closely tied to the most influential legal philosophy and legal theory of the century, this book comprises articles by the best writers in the field, selected and edited by the Paulsons. What is more, the leading authority on Kelson's theory, Stanley Paulson, has contributed a rich and suggestive introduction to the volume. * Robert Alexy, University of Kiel *This book, on Kelsen and beyond, underscores the role of the normativity of the law in the work of the greatest legal philosopher of our century. * Paolo Comanducci, University of Genoa *Normativity and Norms is a singlularly distinguished painstakingly edited collection that represents an estimable contribution to international research on Kelson's work. * Ralf Dreier, University of Gottingen *Once again we are indebted to the Paulsons for the light shed by their masterly scholarship and by their encouragment of other scholars upon the work of a thinker of unique significance in twentieth-century social and practical philosophy. * John Finnis, University College, Oxford University *Stanley and Bonnie Paulson have brought together an invaluable set of papers that offers not only deep insight into the thinking of one of our preeminent legal philosophers, but also a fresh appreciation of the incomparable impact Kelson's work has had on this century's debates on legal philosophy. Many of these texts are original contributions or have been translated into English for the first time. * Lukas H. Meyer, University of Bremen *This is the most insightful selection of writings about Hans Kelsen's important theory, edited by the best expert on the subject. All serious students of the Pure Theory of Law will simply have to read it. * Aleksander Peczenik, University of Lund *This remarkable volume brings together some of the most important work on legal positivism written in this century, including newer essays by eminent scholars in the field. And in an introductory essay, Stanley L. Paulson provides an illuminating account of the major strengths and attendant shortcomings of Kelsen's Pure Theory of Law. In short, the volume is indispensable reading for anyone interested not just in the theory of legal positivism but in legal theory generally. * Alexander Somek, University of Vienna *Table of ContentsAbbreviations ; Introduction ; PART I. INTELLECTUAL DEBTS ; 1. Foreword to the Second Printing of Main Problems in the Theory of Public Law (1923) ; 2. Kelsen's Earliest Legal Theory: Critical Constructivism ; PART II. NORMATIVITY AND THE SCOPE OF KELSEN'S THEORY ; 3. Kelsen Visited ; 4. Kelsen's Theory of the Basic Norm ; 5. The Basic Norm of a Society ; 6. The Law as Pure 'Sollen' sui generis ; 7. The Reception of Norms and Open Legal Systems ; PART III. THE NORMATIVITY PROBLEMATIC: KANTIAN ARGUMENTS VERSUS KELSEN WITHOUT KANT ; [PART III] A. A KANTIAN OR NEO-KANTIAN DIMENSION IN THE PURE THEORY OF LAW? ; 8. Pure Theory of Law, 'Labandism', and Neo-Kantianism. A Letter to Renato Treves ; 9. A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law ; 10. The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen ; 11. On the Transcendental Import of Kelsen's Basic Norm ; [PART III] B. KELSEN WITHOUT KANT ; 12. Some Confusions Surrounding Kelsen's Concept of Legal Validity ; 13. Two Models of Legal Validity: Hans Kelsen and Francisco Suarez ; 14. The Purity of the Pure Theory ; 15. Methodological Syncretism in Kelsen's Pure Theory of Law ; PART IV. TOWARD A THEORY OF LEGAL NORMS ; [PART IV] A. RAMIFICATIONS OF KELSEN'S POST-1960 SHIFT ; 16. An Antinomy in Kelsen's Pure Theory of Law ; 17. Normativism or the Normative Theory of Legal Science: Some Epistemological Problems ; 18. Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder ; [PART IV] B. ON THE EXPRESSIVE CONCEPTION OF NORMS ; 19. Is and Ought ; 20. The Expressive Conception of Norms ; 21. The Expressive Conception of Norms: An Impasse for the Logic of Norms ; PART V. POWERS, LEGAL POWERS, AND EMPOWERING NORMS ; 22. Kelsen and Legal Power ; 23. Reflections on Science, Law, and Power ; 24. Voluntary Obligations and Normative Powers ; 25. Legal Powers ; 26. Powers and Power-Conferring Norms ; PART VI. ON THE THEORY OF PUBLIC INTERNATIONAL LAW ; 27. Monism and Dualism in the Theory of International Law, (1938) ; 28. Sovereignty, (1962) ; 29. Kelsen's Doctrine of the Unity of Law ; List of Contributors ; Index of Subjects ; Index of Names

Read more less

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

Read more less

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

Read more less

Book SynopsisThe dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood tTrade ReviewHo's book A Philosophy of Evidence Law is an important contribution to this emerging body of literature at the interface between evidence scholarship and philosophy. This monograph is an excellent exemplar of this kind of interdisciplinary work, as it combines a deep understanding of the law of evidence with rigorous philosophical analysis, and it succeeds in showing the relevance of abstract theory to the detailed study of evidence rules and legal problems. The book is also to be commended for its breath of analysis, for it examines evidence rules of both criminal and civil law in several common law jurisdictions, with a foray into international law and continental law. * Amaya, Amalia (2009) "The Ethics of Trial Deliberation: Moral Agency in Legal Fact-Finding," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 2 *Ho is admirably clear and eloquent in patiently setting out his stall and defending his thesis...It is compellingly written, and arguments are carefully cross-referenced. As a normative critique of the law of evidence, it deserves to take its place alongside recent well-known works such as Alex Stein's Foundations of Evidence Law...and Larry Laudan's Truth, Error, and Criminal Law...A Philosophy of Evidence Law: Justice in the Search for Truth is an impressive work of scholarship. * Andrew L-T Choo, The Edinburgh Law Review, Volume 13, 2009 *In summary the book embodies vast learning, makes many acute points, and in so doing has driven some of the piles preparatory to the task of bridging the gap between theory and practice in the law of evidence. * Professor Colin Tapper, Law Quarterly Review, 2009 *Ho's book is important and well worth study by evidence scholars and others interested in the morality and epistemology of legal fact-finding. * William E. O'Brian Jr, The Modern Law Review 72 (1) *This is a scholarly, well-researched and thought provoking work, providing an excellent introduction to the theoretical underpinnings of evidence law. * Andrew C. Stumer, International Commentary on Evidence, Vol 6, Issue 1 *Ho has written an erudite and timely text that lawyers and judges ought to consider reading to enhance the proper working of the judicial system, especially in the age of digital evidence * Stephen Mason, ICLQ, Vol 58 *Table of Contents1. Fact-Finding ; 2. Truth, Justice, and Justification ; 3. Epistemology of Legal Fact-Finding ; 4. Standard of Proof ; 5. Hearsay ; 6. Similar Fact Evidence

Read more less

Book SynopsisWritten by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into a range of principles of criminality. It advances our understanding of such key issues as what amounts to a criminal act or omission, the state of mind of the perpetrator, and defences.Trade ReviewThe essays are philosophically sophisticated and tightly argued. * Legal Studies *The combined efforts of these authors address some of the fundamental 'general part' debates that underlie the specific offences that make up the criminal law ... it does successfully take the reader beyond definitional questions of the specific type of offence to ask philosophical questions of the moral and social underpinnings of our conception of criminality, that have application in criminal practice. * Modern Law Review *Table of ContentsGENERAL EDITOR'S PREFACE ; PREFACE ; THE CONTRIBUTERS ; 1. On the General Part in Criminal Law ; 2. Limitations on Criminalization and the General Part of Criminal Law ; 3. Rule Violations and Wrongdoings ; 4. The Modern General Part: Three Illusions ; 5. Making Criminal Law Known ; 6. Criminal Liability for Omissions - An Inventory of Issues ; 7. Involuntary Crimes, Voluntarily Committed ; 8. Knowledge and Belief in the Criminal Law ; 9. Knowledge, Belief and Culpability ; 10. Recklessness and the Duty to Take Care ; 11. Battered Women Who Kill Their Sleeping Tormentors: Reflections on Maintaining Respect for Human Life While Killing Moral Monsters ; 12. Killing the Passive Abuser: A Theoretical Defence ; 13. Testing Fidelity to Legal Values: Official Involvement and Criminal Justice ; INDEX

Read more less

Book Synopsis'Rethinking the Reasonable Person' investigates whether there are deeper foundations to criticisms of whether the "reasonable person" concept presupposes contested notions of 'normal' behaviour and therefore may discriminate against certain classes of defendant, discussing how the legal standard might be reconstructed in a more egalitarian way.Trade ReviewThe author dissects the concept of the reasonable person with intelligence and wit. ... This excellent book will no doubt be at the centre of debates about the reasonable person standard for some considerable time to come. * European Tort Law 2003: Tort and Insurance Law Yearbook *Table of ContentsiIntroduction Personal Problems: Rethinking the Reasonable Person ; One Living on the Fault Line: The Reasonable Person and the Developmentally Disabled ; Two 'Boys Will Be Boys': The Child Defendant and the Objective Standard ; Three Entrapment and Temptations ; Four Just the Facts: Common Sense Ideas of the Normal and the Reasonable Person ; Five Ordinary Prudence, Equality, and the Rule of Law ; Six Are Objective Standards Worth Saving? Exploring the Feminist Debates ; Seven Culpability and the Objective Standard:The Sexual Assault Debate ; Eight Moving Towards a Solution: An Egalitarian Objective Standard ; TABLE OF CASES ; TABLE OF LEGISLATION ; BIBLIOGRAPHY

Read more less

Book SynopsisPhilip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book deals with the rule-following character of thought. The second discusses the many factors to which choice is rationally responsive - and by reference to which choice can be explained - consistently with being under the control of thought. The third examines the implications of this multiple sensitivity for the normative regulation of social affairs. Thus the volume covers a large swathe of territory, ranging from metaphysics to philosophical psychology to the theory of rational regulation. The connections that Pettit makes between these areas are original and illuminating.Each part of the book develops a key theme. The first is that thought succeeds in following rules - and overcomes Wittgenstein''s rule-following problem - so far as it is response-dependent; it is a sort of enterprise that is accessible only to creatures like Table of ContentsI.0 MY CLAIMS ABOUT THOUGHT ; II.0 MY CLAIMS ABOUT CHOICE ; III.0 MY CLAIMS ABOUT REGULATION

Read more less