Methods, theory and philosophy of law Books

Book SynopsisProperty, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world''s leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.Table of Contents1. The public nature of private property Lisa M. Austin; 2. Legal forms in property law theory Larissa Katz; 3. What is the right to exclude and why does it matter? James Y. Stern; 4. Using things, defining property Christopher M. Newman; 5. Is original acquisition problematic? Nicholas Sage; 6. Appropriating Lockean appropriation on behalf of equality Michael Otsuka; 7. Rights, distributed and undistributed: on the distributive justice implications of Lockean property rights, especially in land James Penner; 8. Lockean property theory in Confucian thought: property in the thought of Wang Fuzhi (1619–92) and Huang Zongxi (1610–95) Norman P. Ho; 9. Two ways of theorising 'collective ownership of the earth' Johan Olsthoorn.

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Book SynopsisAs a central part of the regulation of contemporary economies, intellectual property (IP) is central to all aspects of our lives. It matters for the works we create, the brands we identify and the medicines we consume. But if IP is power, what kind of power is it, and what does it do? Building on the work of Michel Foucault, Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of public welfare, and as promotion of neoliberal privatization. He argues that intellectual property policy is moving toward neoliberalism, even as that move is broadly contested in everything from resistance movements to Supreme Court decisions. This work should be read by anyone interested in understanding why the struggle to conceptualize IP matters.Trade Review'Tracing the shifting logic of intellectual property over the centuries, Gordon Hull demonstrates that neoliberalism is less concerned with markets or freedom than it is with the economization of everyday life. This groundbreaking genealogy combines Foucauldian theory of biopower with a rich empirical analysis to illuminate how norms and technologies of ownership are now at stake in the shaping of our very subjectivity.' William Davies, Goldsmiths, University of London and author of The Limits of Neoliberalism'A fascinating and richly detailed examination of contested and changing conceptions of intellectual property in the context of shifting regimes of biopower. A must-read for anyone interested in biopolitics and American law.' Ladelle McWhorter, University of Richmond and author of Racism and Sexual Oppression in Anglo-AmericaTable of Contents1. Introduction; 2. Theorizing intellectual property; 3. Copyright; 4. Trademark; 5. Patents; 6. Conclusion: politics was already in the way; 7. Works Cited.

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Book SynopsisThis book provides a unique insight into the way policing is performed. By embracing both organizational management issues as well as operational police business such as crime reduction and detection, firearms, disorder, organised crime and terrorism, it provides a comprehensive overview of contemporary police theory and practice.Trade Review"This is an outstanding and engaging book that should be read by anyone interested understanding and improving policing. The author's background as a career police officer and his extensive discussions with serving police officers ensure that and his conclusions are relevant to the realities of policing [...] What Stuart Kirby produces is a rich account of the complexity and diversity of the policing task and a telling account of how the service might be made better." - Nick Tilley, UCL, UK "We all want our police to be effective, but as Stuart Kirby painstakingly points out in this book, this is far easier said than done. Not only do we also want our police to be efficient with our money and fair in how they treat us all, but we cannot even all agree as to what it means for the police to be effective. Kirby debunks many myths and misconceptions about the police, astutely laying out the enormous challenges faced in policing open and free modern societies. This book is a must-read for all interested in improving policing." - Michael S. Scott, University of Wisconsin Law School, USA "In this timely and important book Stuart Kirby addresses what is now the key issue in policing: how to put into practice the large body of knowledge that has accumulated about best practice. There is much still to be discovered on the topic of effective policing, but we have many answers to essential questions about what constitutes the best strategies and performance measures. The problem is that many, perhaps most, police departments do not take a systematic and comprehensive approach to implementation. This book is therefore highly recommended as a first source for anyone interested in improving policing whether it be in crime reduction, solving crime or wider service delivery." - Tim Prenzler, Griffith University, Australia "Policing has for far too long been largely an oral culture and so Stuart Kirby's book is of itself important. That it tackles the often overlooked problem of implementation failure makes it required reading to those who care about policing. Many initiatives in policing are written off not because they are ineffective but because implementation was partial at best. To those who are serious about policing, read on." - Michael Barton, Chief Constable, Durham Constabulary, UKTable of ContentsPreface 1. 'There are Police and there are Police', Exploring the Complexity of the Police Operating Framework 2. The Fundamental Building Blocks of Police Effectiveness 3. Reducing Crime 4. Investigating Crime and Bringing Offenders to Justice 5. Policing Critical Incidents and the Use of Force 6. Investigating Serious Organised Crime and Terrorism 7. Conclusion

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Book SynopsisThrough critical analysis of key concepts and measures of the rule of law, this book shows that the choice of definitions and measures affects descriptive and explanatory findings about nomocracy. It argues a constitutionalist legacy from centuries ago explains why European civilizations display higher adherence to rule of law than other countries.Trade ReviewMoller and Skaaning offer a much-needed systematization of the voluminous research that is transforming our knowledge about the rule of law. They acknowledge diverse conceptions of the rule of law. But they push far past the usual conceptual discussion. Rigorously blending theoretical and empirical analysis, Moller and Skaaning show how our conception of the rule of law informs how we describe trends around the world and what we think explains the rule of law. A timely and insightful book that will be of value to political scientists, economists and legal scholars who seek to understand the rule of law, and to practitioners in the field of governance who seek to promote the rule of law. Gerardo Munck, School of Letters, Arts and Sciences, University of South California, USA. Over the past several decades policymakers and social scientists have come to invoke the "rule of law" with the same reverence and wonderment that we reserve for other beneficent concepts such as justice, democracy, and good governance. Yet, a cloud of ambiguity follows this concept wherever it travels. This book provides the first systematic treatment that is both conceptual and empirical. I suspect it will come to be regarded as authoritative. John Gerring, Department of Political Science, Boston University, USA The rule of law is simultaneously one of the most universally approved, and yet most imprecise concepts in the literature on political economy. The volume by Moller and Skaaning helps greatly by imposing some clarity with regard to definitions, as well as providing extremely useful discussions both of historical origins and approaches to empirical measurement of the rule of law. Francis Fukuyama, Freeman Spogli Institute of International Studies, Stanford University, USATable of Contents1. Introduction PART I: ON DEFINITIONS 2. Systematizing Thin and Thick Rule of Law Definitions 3. Diminished Subtypes of the Rule of Law PART II: ON MEASURES 4. Evaluating Extant Rule of Law Measures 5. Exploring the Interchangability of Rule of Law Measures PART III: ON PATTERNS 6. Examining the Empirical Fit of the Typological Hierarchy 7. Reassessing the Relevance of Diminished Subtypes of the Rule of Law 8. Charting Rule of Law Adherence Across Time and Space PART IV: ON CAUSES 9. Uncovering the Historical Origins of the Rule of Law 10. Explaining Cross-National Differences in Adherence to the Rule of Law 11. Conclusions

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Book SynopsisThis book presents a new reading and understanding of Islamic jurisprudence's history from its earliest period. The book uses a variety of Arabic primary sources to provide a critical assessment of the history, development, and impact of Islamic jurisprudence in the Muslim world. Trade Review"This comprehensive and deeply thoughtful study of the rise and development of what eventually came to be known as Sunni jurisprudence will be welcomed by scholars of Islam. The work is distinguished by a desire to rise above traditional biases whether eastern or western. The exhaustive critical apparatus is a welcome bibliographic guide to a most important topic and it is a pleasure to warmly recommend this fruit of many years dedicated labor to interested readers." – Todd Lawson, University of Toronto, Canada "Bsoul presented the significance of intellectual history in deciphering chronologically the development of Islamic jurisprudence. It is precisely an unbiased work of written history that describes and analyzes the legalistic nature of Islam from the Prophet's time to the dominance of juristic interpretations basing from the exigencies of changing times.... This book is highly recommended to all individuals interested in furthering their knowledge about the jurisprudential aspect of Islam and its impact to the modern world today." - Nassef Manabilang Adiong, Co-founder, International Relations and Islamic Studies Research Cohort (Co-IRIS)Table of ContentsIntroduction1. Islamic Jurisprudence during the Prophetic Era 2. Jurisprudence, Ijtih?d, and the Centers of Legal Scholarship3. The Codification Movement4. The Attachment of Legal Rulings to Underlying Principles (Ta???l) and the Derivation of Subsidiary Rulings (Tafr??): The Emergence of the Major Schools of Islamic LawConcluding Remarks

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Book SynopsisThis is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.Table of ContentsList of contents. List of abbreviations. Table of cases. List of treaties. 1. Introduction. 1.1 Purpose and topic. 1.2 The legal regime for the interpretatation of treaties as a system of rules. 1.3 Basic concepts. 1.4 Method. 1.5 Organisation of work. 1.6 Typographical conventions adhered to. 2. THE CONCEPT OF A RULE OF INTERPRETATION. 2.1 The correct meaning. 2.2 How to determine the correct meaning. 2.3 How to determine the correct meaning (cont’d). 2.4 How to determine the correct meaning (cont’d). 2.5 The concept of a first-order rule of interpretation. 2.6 The concept of a second-order rule of interpretation. 3. USING CONVENTIONAL LANGUAGE ('THE ORDINARY MEANING'). 3.1 Introduction; in particular, regarding the problem caused by social variation in language. 3.2 Regarding the problem caused by social variation in language (cont’d). 3.3 Regarding the problem caused by temporal variation in language. 3.4 Regarding the problem caused by temporal variation in language (cont’d). 3.5 Regarding the problem caused by temporal variation in language (cont’d). 3.6 Conclusions. 4. USING THE CONTEXT: THE 'TEXT' OF A TREATY. 4.1 '[T]he text'. 4.2 '[T]he text' put to use. 4.3 '[T]he text' put to use: different words and phrases shall (sometimes) be given different meanings. 4.4 '[T]he text' put to use: no logical tautologies. 4.5 Conclusions. 5. USING THE CONTEXT: the elements set out in VCLT ART. 31 § 2 (A) och (B). 5.1 The meaning of subparagraph (a): introduction. 5.2 The meaning of subparagraph (a): 'any agreement'. 5.3 The meaning of subparagraph (b). 5.4 The 'agreement' and the 'instrument' put to use. 5.5 Conclusions. 6. Using the context: the elements set out in vclt art. 31 §3. 6.1 Subparagraph (a). 6.2 Subparagraph (b): introduction. 6.3 Subparagraph (b): 'any agreement'. 6.4 Subparagraph (c): introduction. 6.5 Subparagraph (c): 'applicable'. 6.6 The elements put to use. 6.7 Conclusions. 7.Using the object and purpose. 7.1 On the meaning of 'object and purpose' in general. 7.2 '[O]bject and purpose' – one concept or two? Moreover, regarding the variation of an object and purpose over time. 7.3 Treaties with several objects and purposes. 7.4 The 'object and purpose' put to use. 7.5 The 'object and purpose' put to use (cont’d). 7.6 Conclusions. 8. Using the supplementary means of interpretation. 8.1 The meaning of 'supplementary means of interpretation'. 8.2 '[T]he preparatory work of the treaty'. 8.3 '[T]he circumstances of [the treaty’s] conclusion'. 8.4 Other supplementary means of interpretation: ratification work. 8.5 Other supplementary means of interpretation: treaties in pari materia. 8.6 Other supplementary means of interpretation: the context. 8.7 The 'supplementary means of interpretation' put to use. 8.8 Conclusions. 9 Using the supplementary means of interpretation (cont’d). 9.1 The rule of restrictive interpretation. 9.2 The principle of contra proferentem. 9.3 Exceptions shall be narrowly interpreted. 9.4 The rule of necessary implication. 9.5 Interpretation per analogiam. 9.6 Interpretation per argumentum a fortiori. 9.7 Interpretation per argumentum e contrario. 9.8 The principle of ejusdem generis. 9.9 Other claimed rules of interpretation. 10. The relationships between different means of interpretation. 10.1 The relationship between primary and supplementary means of interpretation: an introduction. 10.2 The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto. 10.3 The expression 'ambiguous or obscure'. 10.4 The expression 'leads to a result which is manifestly absurd or unreasonable'. 10.5 The expression 'leads to a result which is manifestly absurd or unreasonable' (cont’d). 10.6 The expression 'leads to a result which is manifestly absurd or unreasonable'

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Book SynopsisThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.Table of ContentsThe State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan Wrbka Part I: Theoretical Perspectives (‘Certainty of Law’) 1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 2. Legal Certainty in the Context of Multilingualism Elina Paunio 3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick 4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger Part II: Comparative Perspectives 5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka 7. Legal Certainty: A Common Law View and a Critique John Linarelli 8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch Part III: Transnational Perspectives 9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen 10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic 11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka Part IV: Applied Perspectives (‘Certainty through Law’) 12. Legal Ambiguity in Corporate Governance Charlotte Villiers 13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata

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Book SynopsisThis collection of essays takes as its starting point Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy, a seminal work on Kant’s thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein’s thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein’s ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.Trade ReviewThe book is a model of the genre: not only are all the essays exceptionally well developed, they unfold in a coherent sequence, aided by Stone’s virtuoso introduction... a superb book that goes to the heart of Ripstein’s legal theory—a theory that is itself justly at the heart of legal philosophy today. -- Nick Sage, London School of Economics and Political Science * Canadian Journal of Law & Jurisprudence *Table of ContentsOVERVIEW 1. Ripstein and His Critics Martin J Stone I. INNATE RIGHT 2. Persons and Bodies Japa Pallikkathayil 3. A Regime of Equal Private Freedom? Individual Rights and Public Law in Ripstein’s Force and Freedom Katrin Flikschuh II. FORMALITY 4. Rights and Interests in Ripstein’s Kant Andrea Sangiovanni 5. Independent People AJ Julius III. PUBLIC RIGHT 6. Why Is Willing Irrelevant to the Grounding of (Any) Obligation? Remarks on Arthur Ripstein’s Conception of Omnilateral Willing George Pavlakos 7. Ripstein on Kant on Revolution Daniel Weinstock IV. RIGHT AND ETHICS 8. Right and Ethics: Arthur Ripstein’s Force and Freedom Allen Wood 9. Kant’s Apparent Positivism Martin J Stone V. REPLY 10. Embodied Free Beings under Public Law: A Reply Arthur Ripstein

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Book SynopsisWhat does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps ‘bigger picture’ - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.Trade ReviewIf you have any interest in artificial intelligence (AI), especially if it’s coupled with a desire to learn more about how developments in AI are related to law and legal technology, then this collection of papers has been compiled just for you … As AI continues to seep into many areas of legal practice, this is an important collection of critical papers relevant not just for law libraries but for any library collection hoping to inform readers about ongoing developments in AI and society. -- F Tim Knight, Osgoode Hall Law School Library * Canadian Law Library Review *Table of Contents1. From Rule of Law to Legal Singularity Simon Deakin, University of Cambridge, UK and Christopher Markou, University of Cambridge, UK 2. Ex Machina Lex: Exploring the Limits of Legal Computability Christopher Markou, University of Cambridge, UK and Simon Deakin, University of Cambridge, UK 3. Code-driven Law: Freezing the Future and Scaling the Past Mireille Hildebrandt, Vrije Universiteit Brussel, Belgium 4. Towards a Democratic Singularity? Algorithmic Governmentality, the Eradication of Politics ? And the Possibility of Resistance John Morison, Queen’s University, Belfast, UK 5. Legal Singularity and the Reflexivity of Law Jennifer Cobbe, University of Cambridge, UK 6. Artificial Intelligence and Legal Singularity: The Thin End of the Wedge, the Thick End of the Wedge, and the Rule of Law Roger Brownsword, King’s College London, UK 7. Automated Systems and the Need for Change Sylvie Delacroix, University of Birmingham, UK 8. Punishing Artificial Intelligence: Legal Fiction or Science Fiction Ryan Abbott, University of Surrey, UK and Alex Sarch, University of Surrey, UK 9. Not a Single Singularity Lyria Bennett Moses, UNSW Sydney, Australia 10. The Law of Contested Concepts? Reflections on Copyright Law and the Legal and Technological Singularities Dilan Thampapillai, ANU College of Law, Australia 11. Capacitas Ex Machina: Are Computerised Assessments of Mental Capacity a ‘Red Line’ or Benchmark for AI? Christopher Markou, University of Cambridge, UK and Lily Hands, University of Cambridge, UK

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Book SynopsisThis book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory—or jurisprudence—explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.Trade ReviewThis book is erudite, provocative and insightful. Somek evinces complete mastery of the diverse traditions in legal philosophy as he advances a novel account of the nature of legal knowledge. His work is compelling, engaging, and without equal in contemporary legal theory. This book is a must read. * Dennis Patterson, Professor of Law and Philosophy, Rutgers University, USA *Somek’s Knowing What the Law Is is the best introduction to the philosophy of law to date. It tackles the deepest problems with a ‘jaunty irony’ which will at the same time engage newcomers and challenge the long initiated. * David Dyzenhaus, University Professor of Law and Philosophy, University of Toronto, Canada *Alexander Somek, at the height of his powers, has already enjoyed a long and distinguished career. He is, unlike most of us, altogether at home in both worlds - the Anglophone world with its myopia and the Continental European world with its vast perspectives but, all too often, with analysis that falls short of the mark. Somek brings the best of both worlds together, and this is abundantly clear in his new book. * Stanley L Paulson, Co-Director, Hans Kelsen Research Centre, Germany *In this timely work, Alexander Somek ... provides three things: an elegant introduction to the philosophy of law, a survey of its recent history, and an original contribution in his own right. This is one of the few books from which both the expert and the beginner have much to learn, and it is the place anybody new to the subject should begin. * William Ewald, Professor of Law and Philosophy, University of Pennsylvania, USA *This concise book will stand the divide between analytical and continental legal theory on its ear. With eloquence and characteristic wit Somek unearths common themes between the two traditions and unveils lines of enquiry that link Dworkin with Schmitt and American Legal Realism with Kelsen ... Like a skilled therapist, resorting to drama and role-play, Somek reminds us of the common roots of our discipline, when it cared to source legal knowledge in concrete legal problems. * George Pavlakos, Professor of Law and Philosophy, University of Glasgow, UK *Alexander Somek’s new book offers an intriguing introduction to contemporary legal theory. Lucidly written, Knowing What the Law Is reviews the main accounts of the nature of law and legal knowledge, while introducing a novel conception of law. What Somek terms the 'legal relation' usefully defines a specific normative form of social interaction that is close to morality in its commitment to equality, yet differs in its external character and structural affinity with threat and coercion. * Herlinde Pauer-Studer, Professor of Practical Philosophy, University of Vienna, Austria *Somek is not reluctant to offer his own view on controversial matters, but is never stinting in his presentation of competing views. The book should awaken the jurisprude in every budding lawyer. It manages to at once tell the uninitiated what the subject is about and convey to the initiated his own special take on it. * Leo Katz, Frank Carano Professor of Law, University of Pennsylvania, USA *[A]n enjoyable text written by a person who loves legal theory and wishes to share his passion with others, including those who are not proficient in legal theory or philosophy and who do not invest their lives in mastering it. But it is not only a treasure for the layperson. The professional legal theorist will also find here a rich and nuanced description of different legal theories and traditions as well as insights into the historical and political context in which these theories were developed. * Jurisprudence *Table of Contents1. Legal Knowledge 2. Mild and Wild Formalism 3. American Legal Realism 4. Modern Legal Positivism 5. The Demise of Modern Legal Positivism 6. Objective Spirit 7. Rupture 8. The Legal Relation

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Book SynopsisThis open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.Trade ReviewThe Making of Constitutional Democracy is a rich and sophisticated book. Its bibliographical apparatus is simply breathtaking. The depth of Sandro’s engagement with multiple areas of legal theory is remarkable … Sandro engages with constitutional theory, analytical jurisprudence, administrative law, and the philosophy of language with ease and rigor. -- Felipe Jiménez, USC Gould School of Law * American Journal of Jurisprudence *The book is a real learning experience. If you have accepted some of mainstream legal or political thinking, get ready to have several of your received ideas challenged on a sophisticated level … the book is a worthwhile addition to the literature on a number of key topics in legal theory and democratic theory. -- Barbara Levenbook * JOTWELL *Packed with interesting ideas. -- Lawrence Solum * Legal Theory Blog *[This] book ... tackles, with analytical clarity and rigour, an issue that is central to today’s jurisprudential debates: the distinction between law-creation and law-application ... Paolo Sandro puts forward a considerable series of arguments, many of them highly original (and, to my mind, conclusive), that ground the epistemological difference between these two activities and justify their division. His work constitutes, therefore, a major contribution to a fundamental issue: not just in philosophy of law, but in the theory of constitutional democracy as well. * Luigi Ferrajoli, Emeritus Professor of Philosophy of Law, University of Roma Tre, Italy *The book is excellently-sourced, always well-argued, and makes a case for a revival of philosophical interest in some fundamental truisms of legal and political theory: we can no longer assume to understand central concepts such as law-making, separation of powers, discretion, and application of law ... The book is also an exercise in transdisciplinary jurisprudence: here legal theory is in constant dialogue with the empirical findings in other areas of law and beyond. Sandro’s work is relevant, insightful and interesting. * Patricia Mindus, Professor in Practical Philosophy, Uppsala University, Sweden *Paolo Sandro ... appears to have read everything – and I do mean everything – in legal philosophy, political theory, and the philosophy of language. His book is not, however, a compendium of the views of others. It is, rather, chock full of original and innovative arguments, brought together in a spacious book of uncommon appeal. * Stanley L Paulson, Co-Director of the Hans Kelsen Forschungsstelle, University of Kiel, Germany *How does the distinction between creation and application of law bear upon the legitimacy of our constitutional democracies? Bringing the realist’s quandary about the indeterminacy of law to an examination of the conceptual and institutional features of constitutional democracy, Paolo Sandro’s unfailingly erudite yet remarkably accessible book literally has something for everyone in its answer to that question. Its wide-ranging, historically sensitive, and bridge-building analysis makes a compelling case for why a distinction upon which so many assumptions and practices of democratic constitutionalism turn demands a closer look. * Kristen Rundle, Professor of Law, University of Melbourne, Australia *Paolo Sandro ties together the role of law from its creation through its application to the ideals of constitutionalism and democracy. He systematically breaks down the role of law through a systematic approach that shows the breadth of the topic, while also expanding upon many of the elements necessary for constitutional democracy. * Democracy Paradox *Table of ContentsI. Aims and Structure of the Work 1. Law, Power, and Political Authority. On the Scope and Limitations of the Work I. Introduction II. Brief Methodological Remarks III. The Province of the Problem Determined: What is Law? IV. Politics, Political Power, Political Authority V. From Powers to Power. The Familiar Tale of the Ineluctability of the State A. And its Two-pronged Critique: Isonomia and ‘Early’ States VI. The Conditions of Existence of Political Authority: Insights from the Theory of Normative Orders 2. The Dependence of Constitutional Democracy on the Distinction between Creation and Application of Law I. Introduction II. The Contested Relationship between Law and Politics III. Law as lex and as ius: The Duality that Makes Constitutionalism Possible IV. From Constitutions to Constitutionalism: Narrowing the Focus of Constitutional Theory V. The (Proverbial) Tension between Democracy and Constitutionalism VI. Modern Constitutionalism as ‘Legal Otherness’ VII. The Two-fold Justificatory Dependence of Constitutional Democracy on the Idea of Application of Law 3. A Critical Evaluation of Moderate Legal Realism I. Introduction II. Realism vs Formalism III. Let Us be Realist about Adjudication. What do Judges Eat for Breakfast? IV. Realism and Realisms in Law: Meta-theory V. The Lowest Common Denominator of Legal Realism VI. The Two Axes of Rule-scepticism A. Radical-immanent Indeterminacy Thesis B. Radical-transcendental Indeterminacy Thesis C. Moderate-immanent Indeterminacy Thesis D. Moderate-transcendental Indeterminacy Thesis VII. The Unbearable Lightness of Moderate Scepticism 0 VIII. On the Normativity of Law, and On the Digestion of Judges 4. Towards a Unified Account of Discretion in Law I. Introduction II. HLA Hart and the Concept of Discretion. Back to the Future? III. Dworkin and the (Normative) No-Strong-Discretion Thesis IV. Discretion as a Pervasive Feature of Kelsen’s Stufenbaulehre V. Discretion as Balancing in Klatt (and Alexy) VI. The History of Discretion in the Administrative Domain VII. Administrative Discretion in Germany VIII. Discretion in the French-Italian Administrative Tradition IX. The Concept of Discretion in English Administrative Law X. Towards a Unifi ed Account of Discretion in Law A. Normative Discretion B. Interpretive Discretion XI. Conclusion 5. Law and Language and as Language. An Alternative Picture of a Multifaceted Relationship I. Introduction II. The Communicative Model of Law. A Two-way Affair? III. Beyond ‘What is Said’. Speech-act Theory and the Rise of Pragmatics in Legal Interpretation IV. First Objection: Law as Language, Law and Language(s) V. Second Objection: Speech-act vs Text-act Theory VI. Legal Texts as ‘Autonomous’ Text-acts VII. An Alternative Theory of Legal Meaning: Semantic Minimalism VIII. Prolegomena to a Theory of Legal Interpretation IX. Conclusion 6. Creation and Application of Law. An Analytical Distinction I. Introduction II. The Two Extremes: Rejecting vs Assuming the Distinction III. Kelsen on the Relativity of the Distinction between Creation and Application of Law IV. Creation of Law: Of the Typicality of Legal Rules V. The Principle of Legality as a (Semantic) Meta-norm on Law-creation and Law-application VI. Unpacking the Idea of ‘Application of Law’ VII. The Potential Asymmetry between Norm-following and Norm-application VIII. On the (Different) Normativity of Power-conferring Norms IX. Can only Officials Apply the Law? X. Form and Substance. Towards an Analytical Account of Law-application XI. Conclusion XII. PS One Final Objection: Interpretation, Interpretation, Interpretation! 7. The Separation of Powers. A Meta-theoretical Reassessment I. Introduction II. Genealogical Issues. When was the Separation of Powers ‘Invented’? III. A Twofold Meta-theoretical Ambiguity Plaguing the Discussion IV. The Justificatory Debate. Monism vs Pluralism V. Critical Approaches VI. The Separation of Powers as a Formal Theory and as a Normative Doctrine. On the Advantages of Maintaining a Strict Distinction A. The Formal Theory of the Separation or Division of Powers B. A Normative Doctrine of the Organisation of Political Power Based on the Distinction between Law-creation and Law-application VII. Conclusion

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Book SynopsisDo animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.Trade ReviewI think this is an absolutely fantastic book and will be a great resource for students. -- Russil Durrant * Victoria University of Wellington *Table of ContentsIntroduction 1. The Current Legal Status of Animals I. Introduction II. The Property Status of Animals III. Legislation Protecting Animals IV. Constitutional Law V. International Law VI. Animal Protection Laws in Practice VII. Conclusion 2. Welfarism vs Abolitionism, a Dichotomy? I. Introduction II. Classic Welfarism III. Abolitionism IV. New Welfarism V. Beyond the Dichotomy VI. Conclusion 3. Philosophical Foundations of Animal Rights I. Introduction II. Peter Singer’s Utilitarianism III. Tom Regan’s Deontological Approach IV. Martha Nussbaum’s Capabilities Approach V. Sue Donaldson and Will Kymlicka’s Political Theory VI. Critical Approaches to Animal Rights VII. Conclusion 4. The Legal Theory of Animal Rights I. Introduction II. Are Animals Fit to have Legal Rights? III. Do Animals Already have Legal Rights? IV. Would Animals Need to Become Legal Persons? V. Conclusion 5. Animal Rights and Human Rights I. Introduction II. Should Only Humans have Human Rights? III. Should Animals have Similar Rights to Humans? IV. How Could Human and Animal Rights be Reconciled Legally? V. Conclusion 6. Animal Rights in Litigation I. Introduction II. Animals and the Issue of Legal Standing to Bring an Action III. Animals as Subjects of Habeas Corpus IV. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus V. Conclusion 7. Animal Rights in Legislation I. Introduction II. Domestic Proposals for Animal Rights Laws III. International Proposals for Animal Rights Laws IV. Drafting Animal Rights Laws V. Conclusion 8. Animal Rights as a Social Justice Movement I. Introduction II. The Animal Rights Movement as Abolitionist III. Animal Rights and Connections with Other Rights Movements IV. Learning Lessons V. Conclusion Conclusion

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Book SynopsisThis book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.Table of ContentsIntroduction – Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada) Part One: Legal Theory and Its Critical Role 1. Reasoning Within and About (Legal) Practices, Brian H Bix (University of Minnesota, USA) 2. Fish Versus Dworkin: Sound and Fury, But…?, Larry Alexander (University of San Diego, USA) 3. Explaining Us to Ourselves, Jeremy Waldron (New York University, USA) 4. Law, Reason and Celestial Music, N.E. Simmonds (University of Cambridge, UK) 5. The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right, David Kenny (Trinity College Dublin, Ireland) Part Two. Interpretation and Critical Constraints 6. Reenchanting Practice: Stanley Fish and the Challenge of Virtue Ethics, Maria Cahill (University College Cork, Ireland) and Patrick O’Callaghan (University College Cork, Ireland) 7. The Law in Quest of Integrity: Interpretation, Invention and Internal Critique, T. R. S. Allan (University of Cambridge, UK) 8. The Relevance of Literary Interpretation, Barbara Baum Levenbook (North Carolina State University, USA) 9. Clash of the Titans: Hercules vs. Dennis Martinez (Reflections on the Fish-Dworkin Debate), Charles L. Barzun (University of Virginia, USA) 10. Social, Moral or Ameliorative? Understanding Constraints on Legal Interpretation, Natalie Stoljar (McGill University, Canada) Part Three: Pragmatism and Interpretive Communities 11. Revisiting the ‘Fish-Dworkin Debate’, Dennis Patterson (Rutgers University, USA) 12. Almost Naturalism: The Jurisprudence of Ronald Dworkin, Dan Priel (York University, Canada) 13. Interpreting Community: Agency, Coercion, and the Structure of Legal Practice, Nicole Roughan (University of Auckland, New Zealand) and Jesse Wall (University of Auckland, New Zealand) 14. Fish versus Dworkin: A Comparison between Two Versions of Legal Pragmatism, Thomas Bustamante (Federal University of Minas Gerais, Brazil) 15. Making it Objective. Dworkin, Inferentialism, and the CLS Critique, Thiago Lopes Decat (Federal University of Minas Gerais, Brazil) Part Four: Implications 16. Dworkin, Fish, and Radically Defective Constitutions, Sanford Levinson (University of Texas Law School, USA) 17. The Problem of Immoral Integrity, Lars Vinx (University of Cambridge, UK) 18. What Makes Law? Dworkin, Fish, and Koskenniemi on the Rule of Law, David Lefkowitz (University of Richmond, UK) 19. Is Hercules a Natural? Rethinking the Fish/Dworkin Debate, Margaret Martin (Western University, Canada) 20. Interview with Professor Stanley Fish, Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada)

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Book SynopsisIn almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualised risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. The book explores the conceptual place of risk across a number of fields of law; and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and aims to provide an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.Trade ReviewThis timely and impressive volume is the first to treat themes in modern 'liberal' legal theory with systematic reference to the recent sociological literature on risk... Ken Oliphant European Tort Law 2004 2005 ...an excellent purchase for those unfamiliar with contemporary legal perspectives on risk...clearly achieves its aim in demonstrating that legal theory has long concerned itself with risk in various forms... Antonia Layard, Lecturer in Law, Cardiff University The Yearbook of European Law, Vol. 6 April 2006Table of ContentsPart I Introduction Chapter 1 Introduction to Risks and Legal Theory Chapter 2 Four Perspectives on Risk Part II Risks in Legal Theory – Some Core Instances Chapter 3 Risks, Accidents and Insurance Chapter 4 Risks, Outcomes, and Personal Responsibility Chapter 5 Distributive Justice, Insurance and the Individual Part III – Environment, Precaution, and Sources of Change Chapter 6 Environmental Regulation, Risk, and Precaution Part IV – Conclusion Chapter 7 Reflections

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Book SynopsisIf Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Raz's position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkin's contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.Trade ReviewThe critical discussion proves to be rich and enlightening...an analytical legal theory of the type described by Dickson would be of considerable assistance to legal theorists in other disciplines. Brian Burge Hendrix Canadian Journal of Law and Jurisprudence Vol. XVI, No.2 (July 2003) Evaluation and Legal Theory explores issues that are every bit as foundational to the study of law as set theory is to the study of mathematics. Also, Dickson does it with all the virtues that have been exemplified by other efforts in the area: clarity, depth, intellectual rigor, creativity, and subtlety...this book deserves a careful reading, not only from theorists in the field, but also from other legal academicians. Kenneth Einar Himma The Law and Politics Book Review June 2001 ...a useful introduction for undergraduates to some methodological complexities that might otherwise remain beyond their ken. The volume's admirably limpid prose will win the gratitude of students, who can quite painlessly get a glimpse of the importance and profundity of methodological problems. Matthew H. Kramer Cambridge Law Journal June 2001 Dickson writes of an important topic, raises many important issues, and seems to have the best of the argument on nearly every conclusion she reaches I think it is more praise than criticism that every part of the book left me simultaneously impressed and wanting more. Brian H Bix Australian Journal of Legal Philosophy November 2003Table of ContentsWhat's the point of jurisprudence?; introducing the moral evaluation thesis; indirectly evaluative legal theory - meeting Finnis' challenge; Finnis and the moral justification thesis; the beneficial moral consequences thesis and an introduction to Dworkinian methodology; what's the point of law? Dworkinian methodology and the argument from law's function; carrying on the conversation.

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Book SynopsisLon Fuller coined the term "eunomics" for "the study of good order and workable social arrangements." The essays in this volume--representing most of the work of his mature years--are his "exercises in eunomics." They are studies of the principal forms of legal order, including contract, adjudication, mediation, legislation, and administration. In addition, the volume includes several essays on legal education and the ethics of lawyering. Fuller thought of lawyers as "architects of social structure," that is, creators and managers of the various forms of legal order. These responsibilities require close attention to problems of institutional design, in which the concern is with ends as well as means. Accordingly, Fuller believed that legal education should shift from the analysis of appellate court cases to a problem-solving orientation, attending to the conditions for "orderly, fair, and decent" governance. In a lecture on freedom published for the first time in this edition, Fuller develops the idea that the forms of legal order are the diverse vehicles by which freedom is effectively exercised in society. Lon Fuller taught contracts and jurisprudence at the Harvard Law School from 1939 to 1972, where he was Carter Professor of General Jurisprudence. His writings, such as "The Case of the Speluncean Explorers," are classics of the legal literature.Table of ContentsPart 1 Eunomics - the theory of good order and workable social arrangements: means and ends. Part 2 The principles and forms of social order: two principles of human association; the forms and limits of adjudication; mediation - its forms and functions; the implicit laws of lawmaking; the role of contract in the ordering processes of society generally; irrigation and tyranny; human interaction and the law. Part 3 Legal philosophy, legal education and the practice of law: the needs of American legal philosophy; the lawyer as an architect of social structures; on legal education; philosophy for the practising lawyer; the case against freedom; appendix.

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Book SynopsisLawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.Trade Review...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002Table of Contents1. Moral and Legal Responsibility 2. The Nature and Functions of Responsibility 3. Responsibility and Culpability 4. Responsibility and Causation 5. Responsibility and Personality 6. Grounds and Bounds of Responsibility 7. Realising Responsibility 8. Responsibility in Public Law 9. Thinking about Responsibility References Index

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Book SynopsisLawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. At the heart of this book lie two questions: what does it mean to say we are responsible? And, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.Trade Review...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002Table of Contents1. Moral and Legal Responsibility 2. The Nature and Functions of Responsibility 3. Responsibility and Culpability 4. Responsibility and Causation 5. Responsibility and Personality 6. Grounds and Bounds of Responsibility 7. Realising Responsibility 8. Responsibility in Public Law 9. Thinking about Responsibility References Index

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Book SynopsisThe book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].Trade Review...THE POLICY OF LAW: A LEGAL THEORETICAL FRAMEWORK, at once builds on the impressive scholarship of [Zamboni's] intellectual forebears while at the same time offering new insight into a (surprisingly) understudied area of inquiry: the relationship between politics and law...The book is accessible to the sophisticated reader and will be particularly interesting to graduate students and advanced undergraduates who are curious about the ways in which different jurisprudential paradigms can be organized around political..dimensions...In seeking to narrow the scope of inquiry to just what the dominant legal theories have to say about the relationship between law and politics, Zamboni is broadening our understanding both of those foundational theories and of the connection between law and politics itself. As such, he has performed a real intellectual service for contemporary students of legal theory, all of whom should give this book a glance. Beau Breslin Law and Politics Book Review Vol. 18 No.5 (May 2008)Table of ContentsIntroduction: ‘Not Law but Politics-Smuggled-into-Law’ 1 Law and Politics in Contemporary Legal Theory 2 Law, Politics and the Grey Box 3 Law and Policy 4 The Policy of Law: Opening and Framing the Field 5 The Policy of Law AnalysiS 6 The Policy of Law Analysis: What is the Point?

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Book SynopsisThe perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.Trade ReviewThis book is interesting, and not just because its topic in inherently interesting. Nor is it interesting solely because it brings to the forefront of our minds a pervasive and important issue often submerged in our thinking about, and doing of, law. The book - in addition and perhaps especially - is interesting because of what it presages. It provides a picture...of a jurisprudence in which the history and present of legal (and other) practices meets the history and present of legal (and other) concepts. This seems a much more stimulating vista than the sometimes arid terrain occupied by some contemporary legal philosophy. We should be grateful to Naffine, and other like-minded scholars, for striking out in this direction: Law's Meaning of Life stands as evidence of its intellectual promise. William Lucy Oxford Journal of Legal Studies 2009 Legal theorists have devoted insufficient attention to legal personhood. This is a pity because it is a meaty issue and the great strength of Ngaire Naffine's important book...is the way in which she reveals its interest by excavating and illuminating the buried moral, metaphysical and philosophical theories which influence our thinking about legal personhood. Naffine provides a very perceptive and stimulating account of the strengths and weaknesses of Rationalism, Religionism and Naturalism. Denise Meyerson Australian Journal of Legal Philosophy Volume 35, 2010 Professor Naffine's Law's Meaning of Life provides a very rich and stimulating jurisprudence of the nature of the legal person. She has brought together a wide array of sources and skilfully deploys them in showing the various ways that the law, lawyers and other have understood 'who law is for'. Her book will undoubtedly be an essential reference point in future debates on this central jurisprudential question. Steven Tudor Australian Journal of Legal Philosophy Volume 35, 2010 Law's Meaning of Life...makes an important contribution to our understanding of how law, and lawyers, exclude important human experiences. ... Naffine develops her analysis by examining an impressive range of theory as well as examples from areas such as criminal law and medical ethics. Maleiha Malik The Modern Law Review Volume 73, Issue 6, 2010 [Naffine] convincingly argues that law is not a self-contained system, but one that frequently looks beyond purely legal conventions and norms in order to construct the concept of legal personhood. Readers who are looking for a well organized discussion of the (often schizophrenic) way in which the positive law appropriates extra-legal conceptions of human nature would do well to rely upon Naffine's guidance. Mark Navin Law and Politics Book Review Vol.19, No.9, September 2009Table of Contents1. The Question: Who is Law For? Is this the Right Question? The Question Disputed Matching Law to Life: the Question Affirmed Competing Views of Human Nature and their Implications for Law The Concept of the Person and its Problematic Nature Instability of the Concept of the Legal Person Social Significance of the Concept and its Implications for Justice Law's Changing Community of Persons The Mission Finding the Legal Person 2. The Debate: Legalists v Realists The Positions The Legalists The Metaphysical Realists The Rationalists The Religionists The Naturalists Setting the Boundaries of Personhood Disciplinary Influences The Thinkers and their Creation Stories Etymology of Persons 3. Strictly Legal Persons The Person as a Purely Legal Creation Law as a Closed System The Legal Person as Legal Language Use Hart and Wittgenstein Keeping the Legal Legal 4. Loosening the Strictures The Legal Person as a Cluster Concept Division Between Persons and Property Chameleon Nature of Personality Strictly Conceived The Legalist's Person in the Courtroom Can We be Strict about Persons? Hohfeld on Legal Conceptions Real Uses of Persons 5. Moral Agents and Responsibility Creation Story The Legal and the Philosophical Person Influence of Kant Gray on Legal Persons and the Rational Will Will Theory of the Person Respect for Persons and Responsibility The Legal Subject of Criminal Law Two Criminal Legal Thinkers The Uncompromising Michael Moore John Gardner: the English Rationalist Are We Really So Rational? 6. Persons of Limited Reason Ronald Dworkin on the Patient as Author of a Life Safeguarding the Future Person: Dena Davis and the Child's Right to an Open Future Persons in Training: Mrs Gillick and the Contraceptive Advice Rationalists on Non-persons Recognising Reason Emotional Intelligence 7. The Divine Spark: the Principle of Human Sanctity The Human Rights Movement and the Revival of Belief in Human Preciousness Ronald Dworkin on Human Sanctity The Human Person and the Catholic Church John Finnis on Law's Person Implications 8. Human and Non-human Animals: the Implications of Darwin What We might have Expected after Darwin Intelligent Design and Kitzmiller v Dover Humans as Animals Dismantling the Human/Animal Divide Peter Singer and the Levelling of Humans The Cases of Baby Theresa and Baby Fae Animal Lawyers and the Elevation of Animals Steven Wise and the Intelligent Apes Gary Francione and the Abolition of Property in Animals Legal Response Cass Sunstein: Questioning the Species Divide Buttressing Humanity 9. Embodiment: Humans as Biological Beings Kant and the Body in Law Principle of Bodily Integrity Making Sense of the Legal Body: the Compromised Naturalism of Ronald Dworkin Dawkins v Dworkin Humbling Naturalism of Gray and Fernandez-Armesto Embracing our Creature Status: Moral Philosophers and Legal Feminists Jennifer Nedelsky and the Bounded Self Reconciling Agency and Animality 10. The Myths We Live By Cash Value Four Metaphysical Approaches A Fifth Approach: the Relational Person Legal Philosophies as Acts of Faith and Incommensurable World Views Distinctive Nature of the Legal Enterprise Why Law is Still Flexible Should Personality be Severed from Human Beings? Implications for Justice The Myths We Live By

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Book SynopsisThis book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.Trade Review... the ideal entrance point into the famous debate between H.L.A. Hart and L. Fuller. The aim of Cane's edited collection is twofold: the chapters grapple with the debate on its own terms, while extracting lessons for the modern world. The book is remarkably successful at both tasks This book promises to be a source of questions for the curious minds of all philosophical persuasions. Margaret Martin Ethics July 2012Table of Contents1. Out of the 'Witches' Cauldron'? Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate Nicola Lacey 2. Human Rights and the Rule of Law After Conflict Hilary Charlesworth 3. The Hart-Fuller Debate's Silence on Human Rights Karen Knop 4. International Criminal Law and the Inner Morality of Law Larry May 5. On Visibility and Secrecy in International Criminal Law Christopher Kutz 6. The Hart-Fuller Debate, Transitional Societies and the Rule of Law Martin Krygier 7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's Jeremy Waldron 8. The Politics of Defining Law Margaret Davies 9. Law as a Means Leslie Green 10. Comment on 'Law as a Means' Anthony J Sebok 11. Two Turns of the Screw Desmond Manderson 12. The Common Discourse of Hart and Fuller Ngaire Naffine 13. How Norms Become Normative Philip Pettit 14. Resentment, Excuse and Norms Richard H McAdams 15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning Gerald J Postema 16. Legal Reasoning, the Rule of Law and Legal Theory Brian H Bix

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Book SynopsisA novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.Table of ContentsIntroduction. Interpretation and Hard Cases. The Scope and Limits of Judicial Law-Making. The Forms of Judge-Made Law in Russia. The Problem of Uniform Judicial Interpretation in Matters Legal. Social and Political Issues in Courts. Conclusion

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Book SynopsisThis book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.Trade ReviewThe body of the book is a careful excavation (not untypical of a good PhD thesis which is where this book began) of the interaction and relationship of jus in bello and jus ad bellum. The complexity of the task should not be under-estimated, nor its political significance...For international lawyers concerned with the application of international humanitarian law this book will be indispensable... -- Wade Mansell * Law and Politics Book Review, Vol. 23 No. 10, *... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese) -- Professor Kyo Arai * Journal of International Law and Diplomacy *...a unique contribution to the literature of contemporary international law. A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students. Translated from the original Spanish -- Professor Juan Carlos Sainz-Borgo * Anuario Mexicano de Derecho Internacional, Volume XIII *Une variété de liens entre les deux branches du droit ressort de cette étude, menée à partir d'un matériau très vaste relatif à la pratique des États et des organisations internationales, à la jurisprudence internationale et à de nombreux travaux doctrinaux. À travers une analyse claire et rigoureuse qui le conduit – à juste titre – à soulever plus de questions qu'il n'apporte de réponses, l'auteur démontre ainsi que les principes réglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'éviter les conflits entre ces branches du droit et de limiter les lacunes dans la réglementation internationale de l'emploi de la force. loin de se limiter à un travail théorique, cette étude fouillée est destinée aussi bien aux universitaires qu'aux praticiens… -- Sarah Cassella * Annuaire Français de Droit International *Table of Contents1. Introduction 2. Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello 3. Distinction and Relationship between the Law of Self-defence and IHL 4. Distinction and Relationship between Chapter VII Measures and IHL 5. Particular Problems in Non-international Armed Conflict 6. Conclusions Bibliography

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Book SynopsisMore than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.Trade ReviewA fine tour through Hart's ideas. -- Alex Wade * The Times Dec 2013 *...a sophisticated and focused critical exploration of Hart’s legal theory. . . [T]hese critical reflections also provide valuable recapitulations and extensions of some of the main lines of debate within contemporary general jurisprudence” “[T]here is much . . . that any student of moral, political or legal philosophy should read. -- Stefan Sciaraffa * Jurisprudence *Table of ContentsHart's Readers Luís Duarte d'Almeida, James Edwards and Andrea Dolcetti I. READING THE CONCEPT OF LAW The Generality of Law Timothy Endicott Variety or Uniformity? Richard HS Tur Hart on Sovereignty Pavlos Eleftheriadis Why Law Might Emerge: Hart's Problematic Fable John Gardner The Rule of Recognition and the Foundations of a Legal System Grant Lamond Words and Obligations Nicos Stavropoulos Hart on Justice and Morality John Tasioulas The Morality in Law Leslie Green International Law: 'A Relatively Small and Unimportant' Part of Jurisprudence? Jeremy Waldron II.HART'S 'PERSISTENT QUESTIONS' How Persistent are Hart's 'Persistent Questions'? John Finnis Hart's Anti-Essentialism Frederick Schauer The Model of Ordinary Analysis Pierluigi Chiassoni Do the 'Persistent Questions' Persist?: Revisiting Chapter I in The Concept of Law Nicola Lacey III. AN INTERVIEW WITH HLA HART Introductory Note Juan Ramón de Páramo Answers to Eight Questions HLA Hart

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Book SynopsisThere is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.Table of ContentsIntroduction Reza Banakar and Max Travers Section 1: Classical Sociology of Law Introduction by Reza Banakar and Max Travers 1 The Problematisation of Law in Classical Social Theory Alan Hunt 2 Sociological Jurisprudence A Javier Trevino Section 2: Systems Theory Introduction by Reza Banakar and Max Travers 3 The Radical Sociology of Niklas Luhmann Michael King 4 The Legal Theory of Jürgen Habermas: Between the Philosophy and the Sociology of Law Mathieu Defl em Section 3: Critical Approaches Introduction by Reza Banakar and Max Travers 5 Marxism and the Social Theory of Law Robert Fine 6 Pierre Bourdieu's Sociology of Law: From the Genesis of the State to the Globalisation of Law Mikael Rask Madsen and Yves Dezalay 7 Feminist Legal Theory Harriet Samuels 8 Critical Race Theory Angela P Harris Section 4: Law in Action Introduction by Reza Banakar and Max Travers 9 Interpretive Sociologists and Law Max Travers 10 Bruno Latour's Legal Anthropology Frédéric Audren and Cédric Moreau de Bellaing 11 New Legal Realism and the Empirical Turn in Law Stewart Macaulay and Elizabeth Mertz Section 5: Postmodernism Introduction by Reza Banakar and Max Travers 12 Foucault and Law Gary Wickham 13 Law and Postmodernism Shaun McVeigh 14 Postcolonial Theories of Law Eve Darian-Smith Section 6: Law in a Global Society Introduction by Reza Banakar and Max Travers 15 Reviewing Legal Pluralism Anne Griffiths 16 Globalisation and Law: Law Beyond the State Ralf Michaels 17 Law and Regulation in Late Modernity Reza Banakar 18 Studies of the Legal Profession Ole Hammerslev 19 Comparative Sociology of Law David Nelken

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Book SynopsisLegal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.Table of ContentsI. Introduction 1. Objectivity in Law and Jurisprudence Mark Van Hoecke II. Objectivity of Legal Theory 2. Can Legal Theory Be Objective? Jaap Hage 3. The Impossibility of an Outsider's Perspective Pauline C Westerman III. Legal Reasoning 4. Objective Legal Reasoning—Objectivity Without Objects Matti Ilmari Niemi 5. Legal Certainty as an Element of Objectivity in Law Juha Raitio 6. Objective Rules of Argumentation Bertjan Wolthuis 7. Easy Cases and Objective Interpretation Niko Soininen IV. Human Behaviour and its Objective Foundation 8. Can Inalienable Rights Provide an Objective Foundation for Law and Morality? Maija Aalto-Heinilä 9. Objectivity and the Law's Assumptions about Human Behaviour Péter Cserne V. (Legal) Cultures 10. Kaleidoscopic Cultural Views and Legal Theory—Dethroning the Objectivity? Jaakko Husa 11. Translators and Legal Comparatists as Objective Mediators between Cultures? Caroline Laske 12. Legal Science Challenged by Cultural Paradigms: 'Subjective Objectivity' in Legal Scholarship Mustapha El Karouni

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Book SynopsisLon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.Trade ReviewThere is much of interest in this book for any legal philosopher. It is good to see the various elements of Fuller's work brought together as a larger interconnected project; and the interweaving of published and unpublished materials is a useful aid to deeper appreciation and understanding. -- T.R.S. Allan * The Cambridge Law Journal Volume 72, No. 3 *Rundle has written a beautiful book about the 'jurisprudence' of Fuller. This was to be expected for those who were already familiar with her work. (Translated from the original Dutch) -- Thomas Mertens * Netherlands Journal of Legal Philosophy Volume 1 *...a highly informative and thought-provoking book, rich in detail, sensitivity and rigour. It succeeds admirably in its aim to re-orientate our understandings of Fuller's thinking, and leaves the reader with the desire to revisit and reflect anew on his central concerns. -- Sean Coyle * Jotwell: The Journal of Things We Like (Lots) *In her thoughtful and elegantly written book Forms Liberate, Kristen Rundle offers a host of valuable insights into Lon L Fuller's theory of law and its place within modern jurisprudential thought. -- Noam Gur * Jurisprudence (Review Symposium), Volume 5, Issue 1 *In a rigorous, beautifully written and carefully designed monograph, Rundle draws on both Fuller's published works and archival material to reconstruct a number of Fuller's theses whose interest lies not just in their historical significance but also, and indeed primarily, in the role they can play in the contemporary debate in the philosophy of law. -- Stefano Bertea * Jurisprudence (Review Symposium), Volume 5, Issue 1 *Rundle successfully reclaims Fuller from the distorted picture that arose in the wake of the Hart-Fuller debate and argues for taking the form of law seriously. -- Wibren van der Burg * University of Toronto Law Journal, Volume 64, Issue 5 *Table of Contents1 Reclaiming Fuller I Form and Agency II What is Being 'Reclaimed'? III About the Book: Method, Material and Structure IV Outline of the Chapters 2 Before the Debate I The Early Fuller: Positivism and Natural Law at Mid-century II Eunomics: A 'Science or Theory of Good Order and Workable Social Arrangements' III Navigating the Labels IV Conclusion 3 The 1958 Debate I Mapping the Debate II Reclaiming Fuller through the Nazi Law Debate III Fuller and Legal Validity IV Conclusion 4 The Morality of Law I Mapping The Morality of Law II Hart's Review of The Morality of Law III A Different Path? IV Conclusion 5 The Reply to Critics I Mapping the 'Reply to Critics' II Generality, Efficacy and Agency: Insights from the Archive III Reflections on the 'Reply to Critics' IV Conclusion 6 Resituating Fuller I: Raz I Fuller and Raz II Raz on the Rule of Law III Raz on Authority IV Conclusion: Form, Agency and Authority 7 Resituating Fuller II: Dworkin I Fuller and Dworkin II The 1965 Essays III Dworkin's Project IV Fuller, Dworkin and Interpretation V Fuller, Dworkin and Methodology VI Fuller, Dworkin and the Value of Legality VII Conclusion: Taking Form Seriously 8 Three Conversations I Morality II Instrumentalism III Legality Fuller and Shapiro: A New Conversation? IV Conclusion

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Book SynopsisThis book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.Trade Review...the more striking and radical achievement of Hannah Arendt and the Law is its success as a representational text that gathers together Arendt's insights about law for close reading and which, in carrying out this task, reverses her question about the role of law in politics. ...the more remarkable and unintended effect of the essays is to welcome Arendt into the fold of legal studies and not the reverse accomplishment that would have been to admit disciplinary differences while accepting that she sometimes relates to law by commenting on it. That is, these texts innovate not simply by extending the secondary literature about Arendt but by using Arendt in order to reorientate and extend legal theory, particularly where such theory looks to understand the political consequences of law. -- Deborah Whitehall * Modern Law Review Volume 76, Number 4 *The question of a stable, permanent and free order became the very question at the heart of Arendt' s political thinking and it is (...) thanks to Marco Goldoni's and Christopher McCorkindale's volume that this perspective is brought back into the academic debate. -- Christian Volk * International Journal of Constitutional Law Volume 11, Number 1 *[This book] comprises many worthwhile contributions and benefits from the diverse academic backgrounds of the authors. One special treat are the comparisons and correlations drawn between Arendt and other scholars, both contemporaries and successors. In summary, the volume not only provides for an entertaining reading but also enables us to learn much more than Arendt's legal thought. -- Dana Schmalz * Verfassung und Recht in Übersee Volume 1 *...an important addition both to the growing literature on Arendt and to socio-legal scholarship more generally. -- Alison Christou * Griffith Law Review, Volume 22, Number 1 *This volume as one of the first to bring together many of her ideas on law in one volume is a timely contribution to Arendtian scholarship and provides material for those interested mainly in Arendt as well as for those mainly interested in law and legal theory… It could be particularly useful to introduce students to the work of Hannah Arendt. -- Karin van Marle * Feminist Legal Studies *Table of ContentsForeword Richard J Bernstein Introduction Marco Goldoni and Chris McCorkindale PART I: BETWEEN NOMOS AND LEX: THE CONCEPT OF LAW IN HANNAH ARENDT'S POLITICAL THOUGHT 1. Law beyond Command? An Evaluation of Arendt's Understanding of Law Keith Breen 2. Between Freedom and Law: Hannah Arendt on the Promise of Modern Revolution and the Burden of 'The Tradition' Michael A Wilkinson 3. Law and the Space of Appearance in Arendt's Thought Johan van der Walt 4. A Lawless Legacy: Hannah Arendt and Giorgio Agamben Vivian Liska PART II: ON CONSTITUTIONALISM AND INSTITUTIONS 5. Arendt's Constitutional Question Emilios Christodoulidis and Andrew Schaap 6. The Role of the Supreme Court in Arendt's Political Constitution Marco Goldoni and Chris McCorkindale 7. A Constitutional Niche for Civil Disobedience? Reflections on Arendt William Smith 8. The Search for a New Beginning: Hannah Arendt and Karl Jaspers as Critics of West German Parliamentarism Kari Palonen PART III: BEYOND THE NATION STATE: HANNAH ARENDT AND INTERNATIONAL LAW A. Public International Law 9. Facing the Abyss: International Law Before the Political Florian Hoffmann 10. International Law and Human Plurality in the Shadow of Totalitarianism: Hannah Arendt and Raphael Lemkin Seyla Benhabib 11. Power and the Rule of Law in Arendt's Thought Hauke Brunkhorst 12. Hannah Arendt and the Languages of Global Governance Jan Klabbers B. International Criminal Law 13. 'How Dangerous it Can Be to Be Innocent': War and the Law in the Thought of Hannah Arendt Patricia Owens 14. Hannah Arendt's Judgement of Bureaucracy Leora Bilsky 15. Arendt in Jerusalem, Demjanjuk in Munich Lawrence Douglas PART IV: THE RIGHT TO HAVE RIGHTS 16. Between Politics and Law: Hannah Arendt and the Subject of Rights Charles Barbour 17. Citizens and Persons: Legal Status and Human Rights in Hannah Arendt James Bohman 18. The Right to Have Rights: From Human Rights to Citizens' Rights and Back Samantha Besson

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Book SynopsisLawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.Trade Review[Vagueness in law has been] a focal point of jurisprudence for six decades, and Asgeirsson’s The Nature and Value of Vagueness in Law is an important contribution to this field … the book really does make a lot of progress, on an awful lot of issues. Plus, it’s refreshingly precise. Nary an argument goes by without the premises being explicitly identified. -- Daniel Wodak, University of Pennsylvania * Ethics *There is much of interest here for philosophers of language and law on the nuance of linguistic sources of vagueness and how to resolve them. -- Joshua Pike * Law and Philosophy *Table of Contents1. Authority, Communication and Legal Content I. The Communicative-Content Theory of Law and Its (Recent) Critics II. The Pro Tanto View about Legal Content III. Authority, Communication and Legal Content 2. On the Instrumental Value of Vagueness in the Law I. Incommensurate Multidimensionality, Extravagant Vagueness and Endicott’s Argument from Instrumental Necessity II. Incommensurate Multidimensionality is Doing the Real Work III. The Impossibility of Specification IV. Are Incommensurate Multidimensionality and – Hence – Vagueness Really Necessary? V. Waldron’s Argument from Facilitation VI. Possible Reply: Vagueness Really is a Means to the Relevant Ends VII. Another Possible Reply: The Logic of Value Validates Closure under Necessary Consequence 3. Vagueness and Power Delegation in Law I. Sorensen’s View II. The Value of Vagueness III. Summary 4. Vagueness, Uncertainty and Behaviour I. Endicott’s Argument from Comparative Value II. Hadfield on the Value of Vagueness-related Uncertainty III. Sorensen on Vagueness-related Uncertainty and Legal Unpredictability 5. On the Possibility of Non-literal Legislative Speech I. The Conditions for Non-literal Speech and the Legislative Context II. Revising the Argument: Restrict, Reconstruct, or Both? III. Testing the Argument against Experience: Ekins’s Argument from Examples IV. Indeterminacy about Utterance Content 6. Textualism, Content and Interpretation I. Textualism and Legislative Intentions II. Textualism, Communicative Content and Legal Content III. Textualism/Originalism and Contextual Enrichment IV. On the Plausibility of Conception Textualism V. Contemporary Textualism and the Problem of Legislative Context VI. Textualism and Legal Interpretation 7. Resolving Cases of Vagueness I. Expressly Offered Rationale and the Notion of Commitment II. Institutional Remedies to Non-co-operation III. Is Expression Required? IV. Commitment and Counterfactuals V. Legislative Rationale and Levels of Abstraction VI. Authority, Legislative Bargaining and Maximising Fidelity to Law VII. Expressly Acknowledged Compromise vs Tacitly Acknowledged Compromise VIII. Conclusion 8. Legal Practice and Theories of Vagueness I. Explaining the Value of Vagueness in the Law II. A Closer Look at Soames’s Argument III. Generalising the Argument: Other Cautionary Tales

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Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

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Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002 In sum, this is a book overflowing with ideas and insights, and written in a style which avoids obscure formulations but never the important questions. If in the end, the wide audience that the book deserves is left wanting more, this is not a mark of failure but rather a tribute to the rich suggestiveness and novelty of the author's approach to a very old subject. Neil Walker, EUI, Florence Public Law February 2003 Martin Loughlin's topic is the relationship between politics and justice - between sword and scales. It's as thorough an examination as any lawyer might ever need to read But this is no dusty tome. Loughlin considers contemporary issues that lie at the interface of politics and law He produces points of real relevance. Four years on from its first publication, with Saddam Hussein in jail and our senior judges getting Bolshie, Loughlin's book is now more important than when it was written. Non-lawyers should read it too. Austin Mitchell Tribune June 2004 He conducts as thorough an examination as any lawyer might ever need to readthis is no dull and dusty tome...He produces points of searing relevanceLoughlin's book is even more important than when written. Solicitors' Journal November 2004Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

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Book SynopsisThis book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.Trade Review“Maria Gigliola di Renzo Villata has masterfully edited an impressive work … . this volume aims to attract a wide audience, which it will surely succeed in doing. … This collection of chapters is clearly a marked improvement on our understanding … . Overall, Succession Law, Practice and Society in Europe across the Centuries is a thoughtful and well-argued collection that has much to offer and will no doubt become essential reading for anyone interested in succession law.” (Matthew J. Cleary, American Journal of Legal History, Vol. 61 (3), September, 2021)Table of ContentsIntroduction.- Ch 1: The Right of Troncalidad in Castillian Inheritance in the High Middle Ages.- Ch 2: Family Succession Wars: Succession Norms and Practices in Medieval and Modern Catalonia .- Ch 3: Actiones Hereditariae – Claims in Favour of, and Against Heirs in Medieval Ius Commune.- Ch 4: The Ius Decretalium and the Development of the Law of Succession in Medieval Europe – Some Examples from Denmark and Sweden (XII–XII c.).- Ch 5: Testamentary Freedom in Law and Practice in Medieval Sweden: Conflicts and Coexistence.- Ch 6: The Evolution of the Scots Law and Practice of Succession: 1300–2000.- Ch 7: Women’s Succession from the Middle Ages to the Modern Era.- Ch 8: A Coffer for the Will.- Ch 9: Materia est valde periculosa: Interpreting Testaments in Quattrocento Florence.- Ch 10: Disinheritance of Children for Lack of Parental Consent to the Marriage in the Ius Commune and Early Modern Scholastic Traditions.- Ch 11: Quidquid ex Testamento Petunt Scriptum Heredem Convenire Debent – Initial Comments on the Inheritance Transactio from the Ius Commune to the Early Modern Period.- Ch 12: Between Practice and Theory: Succession Law According to Jacques Cujas (1522–1590) .- Ch 13: A Difficult Legacy – Initial Comments on the Inheritance Rights of Filii Clericorum in the Middle Ages and Early Modern Period.- Ch 14: Consilia and Dynastic Successions in Modern Europe.- Ch 15: Gift Mortis Causa in the Ius Commune: Contract and Last Will.- Ch 16: Towards a Ius Commune Europaeum on Successions and Testament? The 17th Century Decisiones Rotae Romanae.- Ch 17: Intestate Succession Between Doctrine and Roman Rota Case Law in the Sixteenth and Seventeenth Centuries.- Ch 18: Royal Successions – A Special Law for the Inheritance of Power?.- Ch 19: The Difficult Road to Harmonization of French Succession Law.- Ch 20: Notes on the Bonae Fidei Possessio pro Herede in the Civil Law Systems (19th–20th Centuries).

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Book SynopsisWhat is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.Table of ContentsChapter 1: IntroductionChapter 2: Rights ModellingChapters 3: Rights CorrelativityChapter 4: Rights Exercise and EnforcementChapter 5: The Theories of Rights DebateChapter 6: The Case Against the TheoriesChapter 7: Legal Rights EnforcementChapter 8: Imperfect Legal RightsChapter 9: Claims and Invocations of RightChapter 10: The Conceptual Contingency of Perimeters of Support

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