Methods, theory and philosophy of law Books
Springer Nature Switzerland AG The Architecture of Rights: Models and Theories
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
£66.49
Springer Nature Switzerland AG Vindicatory Justice: Beyond Law and Revenge
Book SynopsisThis volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.Table of Contents- Part I Vindicatory Justice: Conceptual Analyses and Forerunners. - Introduction. - Hans Kelsen’s Philosophy of Revenge. - Revenge, Violence and the Civilizing Narrative. - On Revenge and Punishment. - “To Restore” Versus “To Vindicate”. - Antonio Pigliaru. - ‘Une Question De Droit’. - Part II Mapping Vindicatory Justice. - Vindicatory Justice in Madagascar. - Vindicatory Persistence in Barbagia. - Vindicatory Justice and the Colonial Encounter. - Law, Ethics and Religion. - The Vindicatory Roots of Civil Sanctions. - From the Duty to Redeem the Spilled Blood to the Duty to Redeem Themselves (Repentance). - History and Memory Before the Court. - Defenselessness, Offense and Counter-Offense in Legal Disputes Between Employers and Female Domestic Workers. - A Vindication of the Rights of Women. Equal Participation in Rituals in a Festival Context.
£113.99
Springer Reassessing Feminist Legal Theories
Book SynopsisIntroduction Reassessing Feminst Legal Theories.- Feminist Legal Theory Beyond Neutrality.- Sexual Abuse, Sexy Dressing and the Erotization of Domination.- Gender Justice: Reassessing Theories of Justice from Feminist Perspectives.- Human Dignity in Feminist Vocabulary.- What Did Gender Do for Women? Considering the Potential of Gender as a Legal Concept.- Gender-Based Violence: A Conceptual Analysis.- Trans* Citizenship: A Feminist Socio-Legal Analysis of Theories and Practices.- Reassessing the Notion of Vulnerability: The Feminist Debate.- Should the Reasonableness Standard be Genderized'? Some Reflections from the Perspective of Personalism.- Individual and Collective Harm in Sex Discrimination.
£142.49
Springer Law as Communication
Book SynopsisIntroduction.- Part I Epistemological axis of the Communicational Theory of Law.- Epistemological analysis and Communicational Theory of Law.- Legal communication as a Semiosphere. The dialogue between authoring, authorship and legal authorities from the perspective of the Communicational Theory of Law.- Ambital and extra-ambital justice in the Communicational Theory of Law. A look from the spanish judicial ethics.- When claims for justice become rhetorical statements. A comparative analysis between Alasdair macintyre’s philosophical proposal and Gregorio Robles’ Communicational Theory of Law.- Part II Language, hermeneutics and Law.- Hermeneutics and the words of law (Law as Communicative Action).- Legal Hermeneutics and Discourse in the Judicial Interpretation.- Theoretic-pragmatic principles for a “rhetoric of agreement”: the concordant function of theoretical art.- Communicational Theory of Law and Text: An analysis from José Ortega y Gasset Theory.- Part III Applied Communicational Theory of Law.- The principle of Human Dignity: empty concept or linguistic expression of an objective reality?.- Can motherhood be promised? Immoral promises, surrogate gestation, and law as a performative act in Reinach’s work.- Semantic and Rhetoric regarding the understanding of the Constitution.- Shariah through the Lens of Communicational Theory of Law: Is it a Legal Order?.- What does it mean to be transparent? Semiotic analysis of the semantic and pragmatic implications of the term "transparency".- PART IV Law, Communication and AI.- AI and Communicational theory of law.- Technological singularity and personal identity. Reflections for an ethical-legal debate.- Law and communication in the age of Metaverse.- New instruments to think and decide. The last word in the “algo-cratic” era and human leadership in the “algor-ethical” context: what Law?.
£151.99
Springer Sanctions An Essential Element of Law
Book SynopsisIntroduction.- The Law Sanctions – Revisiting an Apparently Auto-Antonymous Concept.- On Coercion and the (Functions of) Law.- Sanctions as an Essential Element in the Legal System, and Kelsen’s Concept of Sanction and Coercion.- Normativity of Sanctions.- Justice and Force.- A multidimensional view on sanctions.- "Force, Coercion, and the Law: A Philosophical Framework".- Practical Authority as Telling People What to Do.- Law Beyond Coercion? Positive Sanctions: Normative and Expressive Functions to Guide Behaviour.
£132.99
Springer Contemporary Facets of Injustice
Book SynopsisIntroduction.- The Injustice of Inequalities in Wealth and Income.- On Various Injustices in the United States Tax Code, and How They Eviscerate the Bases of Citizen Self-Respect.- "Chance, Greed, and Fear: Why We Need the Value of Fraternity to Register Distributive Injustices".- Structural Injustices and the Harms of the Food System.- Advancing an Unjust Neutrality: Christian Nationalism as a Majority Right.- The Democratic Principle and the Tyranny of the Majority.- Religious Liberty, Public Accommodations, and Non-discrimination: A Rapidly Emerging Injustice.- "Ethical Vigilantism and Natural Justice: Outline for a Theory of International Criminal Law".- No Right to Be Forgiven.- Generative AI and deepfakes: challenges to epistemic justice and comprehensive regulations.
£104.49
Springer Thought Collectives and Cultural Change
Book Synopsis1. Introduction.- 2. Fleck’s Theory in Context.- 3. Chapter 3: Fleck’s Thought – Internal Positioning.- 4. Chapter 4: A Fleckian Framework for the Study of Cultural Change.- 5. Methodology and Supplementation.- 6.The Emergence of Philosophy as a Cultural Practice in Ancient Greece.- 7. The Transmission of Philosophy – the Socratic caesura.- 8. Hegelian Bildung as a development of paideia.- 9. The Rise of the Philosophical Faculty in the German University.- 10. Philosophy, Censorship, and the Public Sphere.- 11. Conclusions.
£142.49
Springer Law as a Science
Book Synopsis1. Introduction.- Part A Methodology for Legal Research.- 2. The Importance of Making Assumptions.- 3. A Reduction of the Law to Its Components.- 4. The Right Way to Use Reasoning by Analogy.- Part B Legal Principles and Their Limits.- 5. Proportionality.- 6. Consistency.- 7. Truth.- Part C Observing the Law.- 8. What Law Looks Like.- 9. Conclusion.
£104.49
Springer Nature Switzerland AG Res Judicata and Collateral Estoppel
£132.99
De Gruyter Der gesuchte Widerstreit: Die Antinomie in Kants
Book SynopsisDer Widerspruch, den Kant in der Kritik der praktischen Vernunft unter den Titeln "Dialektik" und "Antinomie der praktischen Vernunft" beschreibt, wurde bisher sehr unterschiedlich verstanden. Das Buch dokumentiert zum ersten Mal die enorme Vielfalt der divergierenden Deutungen und bietet eine textorientierte Analyse der Antinomie und ihrer Auflösung, die in vielen Aspekten heute weithin akzeptierten Auslegungen und Bewertungen widerspricht. Die Arbeit zeigt, daß die Antinomie erst möglich wurde, nachdem Kant noch nach 1781 wichtige Korrekturen an den Prinzipien der sittlichen Verpflichtung und Triebfeder vorgenommen hatte. Sie macht deutlich, daß die Antinomie der praktischen Vernunft sich in ihrer Struktur und Funktion charakteristisch von den Antinomien in der Kritik der reinen Vernunft unterscheidet.
£129.67
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Legal Spaces: Towards a Topological Thinking of Law
Book SynopsisThis book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.Table of ContentsIntroduction.- Taking a Perspective on Contemporary Law: Complexity and Normativity.- Spatiality.- Legal Spaces.- Epilog.
£85.49
Springer Recognized women
Book SynopsisWhat is recognition?.- What is disrespect?.- What are struggles for recognition?.- How to struggle in the three patterns of recognition?.- Struggles for recognition in the pattern of love.- Struggles for recognition in the pattern of law.- Struggles for recognition in the pattern of solidarity.- From the Hegelian notion of recognition to contemporary case studies on the legal recognition of women.- (Mis)recognition of Chinese Women.- (Mis)recognition of Moroccan Women.- Chinese and Moroccan Struggles for Recognition.
£75.99
Springer A Show Trial Under Lenin: The Trial of the Socialist Revolutionaries, Moscow 1922
Book SynopsisSoviet Russia will conquer all the millions of problems that stand in its way, on one condition: as long as the cause of the political education of the broad masses of the people continually advances. We have nothing to be afraid of, if our people fully learns to distinguish who are its friends and who are its enemies. The trial of the Socialist Revolutionaries must and shall be a great step forward in the cause of the political instruction of the very broadest masses in town and country. (Grigorii Zinov'ev, Pravda and Krasnaia gazeta, 20 June 1922) For my part, I considered this trial to be unnecessary: the Socialist Revolu tionaries had been beaten and represented no visible danger at all. (Charles Rappoport, Ma vie, Paris 1926-1927, Vol. 2, p. 80) The Bolsheviks seized power in Russia in October 1917 by staging a coup d'etat, and then established a dictatorship. The new rulers sup pressed all armed resistance in a bloody civil war, after which they made every effort to uproot and exterminate even peaceful political opposition of all kinds. Even now it is impossible in the Soviet Union to subject these developments to critical historical study. The political opponents of the Soviet regime of the time are still regarded by official Soviet his toriography as counter-revolutionaries and the measures taken against them are seen as completely justified.Table of Contents1. The Socialist Revolutionaries and the Soviet Regime.- 2. The Announcement of the Trial and the International Socialist Movement.- 3. Preparations for the Trial.- 4. The Treatment of the Accused, Defenders and Witnesses During the Trial.- 5. The Judicial Investigation.- 6. The Socialist Revolutionaries Versus the Bolsheviks.- 7. The Verdict and How It Was Brought About.- 8. The Propaganda Campaign.- 9. The Reactions.- 10. The End.- Conclusion.- List of Abbreviations Used in the Notes.- Notes.
£85.49
Springer Chinese Rule of Law Discourse System
£113.99
Amazon Digital Services LLC - Kdp The Myth of Seperation
£27.84
Independently Published The Awakening Paradox
£10.16
Amazon Digital Services LLC - Kdp The subjective constitution and its rationale
£12.02
Bloomsbury Publishing (UK) Legal Theory 3 Macmillan Law Masters
Book SynopsisIAN MCLEOD isVisiting Professor of Law at the University ofStirling, UK. Following professional experience as a local government lawyer and a prosecuting solicitor, he specialized in teaching Legal Theory, Legal Method and Public Law. He is the author ofLegal Method, Key Concepts in Law and (with Simon Askey) Studying Law, all published by Palgrave Macmillan.Trade Review'By using practical examples from primary sources to illustrate his explanations of theory, the author helps to bring the subject alive.' - Dr David Marrani, School of Law, University of EssexTable of ContentsThe Nature of Legal Theory: From Laws to Law An Overview of the Relationship between Law and Morality The Natural Law Tradition English Analytical Positivism Kelsen's Hierarchy of Norms The Revival of Natural Law: Fuller and Finnis Policies, Principles, Rights and Interpretation: Dworkin's Theory of Law American Realism Critical Perspectives on Law Theories of Justice Law and Morality.
£39.33
Taylor & Francis Ltd Constitutions Writing Nations Reading Difference
Book SynopsisBringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britainâs ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution.Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence (from Robert Cover to Jacques Derrida), Constitutions makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a âwritten constitutionâ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the âmarginsâ and the âcentreâ, as well as between the âwrittenâ and âunwrittenâ, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britainâs âunwrittenâ constitution and âimmemorialâ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The âunwrittenâ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions.Constitutions is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence.Table of Contents1. Introduction. Constitutions: Writing Nations, Reading Difference 2. Theorizing Constitutional Texts 3. 'In the Name of God and of the Dead Generations': Proclaiming the Irish Republic 4. 'The Treaty Always Speaks': Reading Aotearoa New Zealand’s Treaty of Waitangi / Te Tiriti o Waitangi 5. 'Fracturing the Skeleton' of the Law: The Mabo Decision and the Re-Constitution of Australia 6. Conjuring Spectres: Locating the Constitution of Britain in its Post-Imperial Moment 7. Conclusion: Re-Reading Constitutional Texts
£142.50
Edinburgh University Press Deleuze and Law
Book SynopsisA collective experiment in the conjunction of law and philosophy. This collection of 11 essays offers insights into Gilles Deleuze''s philosophy of law, investigating new forms of politics, economics and society. It explores the features of Deleuze''s universal jurisprudence, the mutual becoming of law and philosophy and reveals law as the most progressive and experimental force of the Modern Age.
£29.45
Edinburgh University Press Philosophy of International Law
Book SynopsisA fundamental challenge to the foundations of the discipline of international law, this book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area.Table of ContentsIntroduction: What Place for Doctrine in a Time of Fragmentation?; 1. Continuing Uncertainty in the Mainstream; 2. Towards a New Theory of Personality in International Law; 3. The Existence of States and the Use of Force; 4. International Economic/Financial Law Index.
£32.29
Edinburgh University Press LaTour and the Passage of Law
Book SynopsisThis exciting new vision for legal theory combines analytical tools drawn from Latour's actor-network theory developed in Science in Action, Reassembling the Social and The Making of Law with the philosophical anthropology of the Moderns in An Inquiry into Modes of Existence to blaze a new trail in legal epistemology.
£94.50
Edinburgh University Press Latour and the Passage of Law
Book SynopsisThis exciting new vision for legal theory combines analytical tools drawn from Latour's actor-network theory with the philosophical anthropology of the Moderns in An Inquiry into Modes of Existence to blaze a new trail in legal epistemology.
£27.54
Taylor & Francis Ltd Rousseau and Law Philosophers and Law
Book SynopsisJean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and Dworkin's legal theories, narrative, bioethics, and promise enforcement.Table of ContentsContents: The General Will and Social Contract Theory: What is the general will?, Gopal Sreenivasan (2000); Universal and general wills: Hegel and Rousseau, Arthur Ripstein; Forced to be free, John Hope Mason. Democratic Rights: Reflections on Rousseau: autonomy and democracy, Joshua Cohen; Rousseau on proportional majority rule, Paul Weirach; Rousseau on agenda-setting and majority rule, Ethan Putterman; 'To persuade without convincing': the language of Rousseau's legislator, Christopher Kelly; Rousseau for (and against) censorship, Christopher Kelly. Fundamental Law: Rousseau on fundamental law, Melissa Schwartzberg. Natural Law and Natural Rights: Rousseau's theory of natural law as conditional, John B. Noone Jr; Rousseau's moral realism: replacing natural law with the general will, Arthur M. Melzer; Rousseau's Pufendorf: natural law and the foundations of commercial society, Robert Wokler. Rousseau and Dworkin: Rousseau in Dworkin: judicial rulings as expressions of the general will, Richard Nordahl. Narratives and the Law: Narratives of hierarchy: Loving v. Virginia and the literary imagination, Martha Nussbaum. Bioethics: The reemergence of enlightenment ideas in the 1994 French bioethics debates, Nan T. Ball. Promise Enforcement: Promise enforcement in public housing: lessons from Rousseau and Hundertwasser, Kirsten D.A. Carpenter; Name index.
£142.50
Taylor & Francis Ltd Plato and Modern Law Philosophers and Law
Book SynopsisThis audacious collection of modern writings on Plato and the Law argues that Plato's work offers insights for resolving modern jurisprudential problems. Plato's dialogues, in this modern interpretation, reveal that knowledge of the functions of law, based upon intelligible principles, can be reformulated for relevance to our age. Leading interpreters of Plato: Vlastos, Hall, Strauss, Weinrib, Annas, and Morrow, are included in the collection. The editor supplies an insightful introduction and extensive bibiography to the collection.Table of ContentsContents: Series preface; Introduction; Part I Overview of Plato's Political and Legal Thought: Plato's theory of law, Huntington Cairns; Plato's legal philosophy, Jerome Hall. Part II Plato in the Tradition of Legal and Political Thought: What is political philosophy, Leo Strauss; Positive language and positive law in Plato's Cratylus, James Bernard Murphy. Part III The Central Issue of Plato's Legal Philosophy: The historical Socrates and Athenian democracy, Gregory Vlastos. Part IV Plato's Theory of Law in the Dialogues: Apology: The legal setting of Plato's Apology, Robert J. Bonner; An introduction for judges and lawyers to Plato's Apology of Socrates, William T. Braithwaite; Crito: Law and justice in Plato's Crito, R.E. Allen; Another look at the Crito, Philip Soper; Gorgias: Law as myth: reflections on Plato's Gorgias, Ernest J. Weinrib; The ethics of argument: Plato's Gorgias and the modern lawyer, James Boyd White; Protagoras: Not Socrates but Protagoras: the sophistic basis of legal education, William C. Hefferman; Republic: Plato's Republic and feminism, Julia Annas; The meaning of 'justice' and the theory of the forms, Charles H. Kahn; Implementing the ideal state, George Klosko; The Republic in the light of the Socratic method: a contribution to the defense of Plato's political philosophy, Henry G. Wolz; Laws: Platonic laws in a Colorado courtroom: Martha Nussbaum, John Furris and Plato's Laws in Evans v. Romer, Randall Baldwin Clark; Plato and the rule of law, Glenn R. Morrow; Plato's law code in context: rule by written law in Athens and Magnesia, Andrea Wilson Nightingale; Laws, preambles and the legislator in Plato, M.J. Silverthorne; Minos: An anonymous treatise on law: the pseudo-Platonic dialogue Minos, Anton-Herman Chroust; Statesman: The Mantike Techne: statesman 260E and 290C4-6, Thomas C. Brickhouse and Nicholas D. Smith. Part V New Directions for Platonic Thought in the Law: Dialectic: The idea of dialectic, Mortimer J. Adler; The Socratic m
£228.00
Taylor & Francis Ltd Procedural Justice Volumes I and II
Book Synopsis
£479.59
Taylor & Francis Ltd Gadamer and Law Philosophers and Law
Book SynopsisHans-Georg Gadamerâs philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamerâs philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamerâs hermeneutical philosophy. Part I considers the relevance of Gadamerâs philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamerâs significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.Table of ContentsContents: Series preface; Introduction; Part I Philosophical Hermeneutics and Legal Theory: Gadamer on the Exemplary Significance of Law for Hermeneutical Philosophy: The recovery of the fundamental hermeneutic problem, Hans-Georg Gadamer; Philosophical Hermeneutics and Jurisprudence: Hermeneutics and the rule of law, Fred Dallmayr; The politics of postmodern jurisprudence, Stephen M. Feldman; Authorial intent and hermeneutics, Dennis Patterson; Originalism as transformative politics, Lawrence B. Solum Law, hermeneutics and public debate, Georgia Warnke; Modes of Legal Interpretation: Statutory and Constitutional: Gadamer/statutory interpretation, William Eskridge; Reading the race power: a hermeneutic analysis, Alexander Reilly; Interpretation, critique, and adjudication: the search for constitutional hermeneutics, John T. Valauri. Part II Gadamer in Conversation with Other Leading Hermeneutic Philosophers on Law and Legal Theory: Gadamer and the Continental Tradition: On a general theory of interpretation: the Betti-Gadamer dispute in legal hermeneutics, George Wright; Gadamer and Nietzsche: From strife to understanding: pathological argument in Nietzsche and Gadamer, P. Christopher Smith; Responding to Nietzsche: the constructive power of destruktion, Francis J. Mootz III; Gadamer and Habermas: Determinacy, indeterminacy and rhetoric in a pluralist world, Mark Burton; Traces of violence: Gadamer, Habermas, and the hate speech problem, R. George Wright; Gadamer and Dworkin: Protestant hermeneutics and the rule of law: Gadamer and Dworkin, Kenneth Henley; Legal hermeneutics: recent debates, David Couzens Hoy; Dworkin's hermeneutics, Gregory Leyh. Index.
£266.00
Taylor & Francis Ltd Locke and Law Philosophers and Law
Book SynopsisJohn Locke is one of the most important figures in the history of philosophy. His Two Treatises of Government and A Letter Concerning Toleration fascinate us as much today as they did when first published three centuries ago. Locke and Law presents for the first time in one collection the most important contemporary writings exploring his many contributions to legal theory. These articles and essays deal with a variety of issues, such as natural law, natural rights, property, abortion, constitutional law, the relationship between law and society, punishment, toleration, and civil disobedience.Table of ContentsContents: Series preface; Introduction; Part I Natural Law and Natural Rights: Locke on natural law and property rights, David C. Snyder; Limiting Locke: a natural law justification for the fair use doctrine, Benjamin G. Damstedt; The shape of Lockean rights: fairness, pareto, moderation, and consent, Richard J. Arnesen . Part II Property: Original acquisition of private property, Leif Wenar; Locke, property, and progressive taxes, Donna M. Byrne ; Nozick and Locke: filling the space of rights, Jeremy Waldron. Part III Abortion: The prize and the price of individual agency: another perspective on abortion and liberal government, Kimberley Sharron Dunn . Part IV Constitutional Law: John Locke's doctrine of the separation of powers: a re-evaluation, Suri Ratnapala; Reason to ratify: the influence of John Locke's religious beliefs on the creation and adoption of the United States Constitution, David L. Wardle; John Locke's political plan, or, there's no such thing as judicial impartiality (and it's a good thing too), John M. Kang. Part V Law and Society: Radical evil in the Lockean state: the neglect of the political emotions, Martha C. Nussbaum. Part VI Punishment: Locke and the right to punish, A. John Simmons; Locke on punishment and the death penalty, Brian Calvert. Part VII Tolerance and Civil Disobedience: 'We the people': John Locke, collective constitutional right, and standing to challenge government action, Donald L. Doernberg; Political Freedom, James Tully; Locke, sincerity, and the rationality of persecution, Paul Bou-Habib ; Name index.
£247.00
Taylor & Francis Ltd Cicero and Modern Law Philosophers and Law
Book SynopsisCicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.Table of ContentsContents: Preface; Introduction; Part I Cicero's Life, Predecessors and Works: Introduction to the philosophy of Cicero, Richard McKeon. Part II The Roman Law and Rhetorical Practice: Cicero and the spectacle of power, Andrew J.E. Bell; Cicero and the defining of the Ius Civile, Jill Harries. Part III Cicero's Works: Rhetoric: De Oratore and the development of Controversia, Michael Mendelson. De Republica: The Overall Structure: A new kind of model: Cicero's Roman constitution in De Republica, Elizabeth Asmis; The Nature of Res Publica: Cicero's definition of Res Publica, Malcolm Schofield; Natural Law: The philosophical foundation of Roman law: Aristotle, the Stoics and Roman theories of natural law, John R. Kroger; Mixed Government: The theory of the mixed constitution in Rome, Andrew Lintott; Property: The economic dimension of Cicero's political thought: property and state, Neal Wood. De Legibus: Original elements in Cicero's ideal constitution, C.W. Keyes. De Officiis: 'Domina et regina virtutum': justice and societas in De Officiis, E.M. Atkins. Part IV Cicero's Method of Thought: Philosophic method in Cicero, Michael J. Buckley; Invention, Walter Watson. Part V The Collapse of the Republic and the Death of Cicero: The federalist and the lessons of Rome, Louis J. Sirico Jr. Part VI Cicero's Influence in Western Civilization: The Stoic origin of natural rights, Philip Mitsis. Part VII Cicero and Modern Political, Legal and Rhetorical Ideals: Republicanism: Republicanism: the career of a concept, Daniel T. Rodgers; Republicanism, liberalism and the law, Mortimer Sellars, Liberalism and republicanism, Philip Pettit; Rhetoric: Graeco-Roman rhetoric: the canon and its history, Michael Frost; Name Index.
£218.50
Taylor & Francis Ltd Hume and Law Philosophers and Law
Book SynopsisThere has been a huge upsurge in Hume research over the past thirty years. However, one area that has not received its due share of attention is David Hume's legal thought where the research has been fragmented and often un-championed. This volume - the first collection of essays in English to focus on Hume's legal ideas - celebrates the diversity of Hume's contributions to jurisprudence. Topics are as varied as legal causation, theories of punishment and of property, contract, and legal obligation. Hume's notorious assertion of the artificiality of justice is discussed and the articles are supplemented by a bibliography of law-related articles on Hume. The juxtaposing of these topics brings out the - often unappreciated - coherence of the theory that underlies them, anchoring law firmly in Hume's overall epistemology and empiricist methodology. Hume's key insight that law and legal institutions develop contextually but naturally from conventions, driven by the human condition, is a particularly modern one. And it is one, as these essays reveal, that opens up a huge potential for further research - by philosophers, social scientists, and jurists.Table of ContentsContents: Introduction; Part I Law and Legal Theory: David Hume and the 18th-century conception of natural law, Philip Milton; David Hume and the empiricist theory of law, Sheldon Wein; David Hume's legal theory: the significance of general laws, Neil McArthur; The place of Hume in the history of jurisprudence, Alfons Beitzinger. Part II Justice: Origins: David Hume and justice, Ian F.G. Baxter; Hume and Rawls on the circumstances and priority of justice, Andrew Lister; Obligation: Legal obligation in Hume, Luigi Bagolini; Hume's reply to the Sensible Knave, Gerald J. Postema; Hume's Knave and the interests of justice, Jason Baldwin; Content and Scope of Justice: From order to justice, Russell Hardin; Rule-utilitarianism and Hume's theory of justice, Alistair Macleod; Hume on justice to animals, Indians and women, Arthur Kuflik. Part III Property: Hume's theory of property, George E. Panichas; Property and possession: two replies to Locke - Hume and Hegel, Christopher J. Berry; The advantages and difficulties of the Humean theory of property, Jeremy Waldron. Part IV Contract: Promises: Rules, rights and promises, G.E.M. Anscombe; Promises, promises, promises, Annette Baier. Part V Law and Government: including social contract: Hume and Kant on the social contract, Jeffrie G. Murphy; Hume and contractarianism, Frederick G. Whelan; The shackles of virtue: Hume on allegiance to government, Rachel Cohon; Hume and the future of the society of nations, R.J. Glossop. Part VI Liberty: The preservation of liberty, Nicholas Capaldi. Part VII Causation: Philosophical preliminaries, H.L.A. Hart and Tony Honoré. Part VIII Responsibility and Punishment: Character, purpose, and criminal responsibility, Michael D. Bayles; Hume on responsibility and punishment, Paul Russell; Hume on punishment, A. Wesley Cragg; To exclude or not to exclude improperly obtained evidence: is a Humean approach more helpful?, James Allan; Name index.
£185.25
Taylor & Francis Ltd Islamic Legal Theory
Book SynopsisIslamic legal theory (usÅl al-fiqh) is literally regarded as 'the roots of the law' whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnÄ and ShÄ'Ä perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure anTable of ContentsContents: Introduction; Further reading. Part I Nature of Islamic Law: Islamic law: an overview of its origin and elements, Irshad Abdal-Haqq; Islamic law as Islamic ethics, A. Kevin Reinhart; Understanding Islamic law in theory and practice, Mashood A. Baderin. Part II Sources of Islamic Law: Groundwork of the moral law: a new look at the Qur’Än and the genesis of SharÄ«Ê»a, Wael B. Hallaq; Law in the Qur’Än - a draft code, Tahir Mahmood; Some reflections on the contextualist approach to ethico-legal texts of the Qur’an, Abdullah Saeed; A revaluation of Islamic traditions, Joseph Schacht; On the origins of ShÄ«Ê»i ḤadÄ«th, Ron P. Buckley; The role of culture in the creation of Islamic law, John Hursh. Part III Methods of Islamic Law: Al-ShÄfiʻī’s role in the development of Islamic jurisprudence, Ahmad Hasan; The concept of IjmÄÊ» in Islamic law: a comparative study, Rahimin Affandi Abd Rahim; Non-analogical arguments in Sunni juridical qiyÄs’, Wael B. Hallaq; ’Illa and qiyÄs in early Islamic legal theory, Nabil Shehaby. Part IV Principles of Islamic Law: The maslaha (public interest) and ’illa (cause) in Islamic law, Majid Khadduri; Maá¹£laḥa in contemporary Islamic legal theory, Felicitas Opwis; Legal logic and equity in Islamic law, John Makdisi; MaqÄá¹£id al-SharÄ«Ê»ah: the objectives of Islamic law, Mohammad Hashim Kamali; Cut and paste in legal rules: designing Islamic norms with talfÄ«q’, Birgit Krawietz; Muslim custom and case-law, Noel James Coulson; QawaÊ»id al-Fiqh: the legal maxims of Islamic law, Mohammad Hashim Kamali. Part V Legal Reasoning (IjtihÄd): Interpretation in Islamic law: the theory of ijtihÄd, Bernard Weiss; The closing of the door of ijtihÄd and the application of the law, Frank E. Vogel; A critical analysis of the role of ijtihÄd in legal reforms in the Muslim world, Rachel Anne Codd; IjtihÄd in contemporary ShiÊ»ism: transition from individual-oriented to society-oriented, Hamid Mavani. Name index.
£308.75
Taylor & Francis Ltd Legal Theory and the Social Sciences Volume II
Book SynopsisDiscusses various aspects of the relationship of legal theory and the social sciences: methodological disputes and collaboration; common problems, especially as they concern different modes of explanation of social behaviour; and, common objects, including, most prominently, the study of language in its social context and normative pluralism.Table of ContentsContents: Introduction; Part I Methodology: Collaborations and Disputes: The Concept of Law and social theory, Martin Krygier; Legal theory and social theory, Kim Lane Scheppele; An analytical map of social scientific approaches to the concept of law, Brian Z. Tamanaha; Why must legal ideas be interpreted sociologically?, Roger Cotterrell; Analytical jurisprudence versus descriptive sociology revisited, Nicola Lacey; Legal research and the social sciences, Christopher McCrudden; Is law really a social science? A view from comparative law, Geoffrey Samuel. Part II Common Problems: Modes of Explanation of Behaviour: How the law thinks: towards a constructivist epistemology of law, Gunther Teubner; Law and spontaneous order: Hayek's contribution to legal theory, A.I. Ogus; The normativity of law, Lewis A. Kornhauser; Using the concept of legal culture, David Nelken; The law as social practice: are shared activities at the foundations of law?, Matthew Noah Smith. Part III Common Objects: Modes of Explanation of Legal Phenomena: Law as tradition, Martin Krygier; Language, law, and social meanings: linguistic/anthropological contributions to the study of law, Elizabeth Mertz; Mute law, Rodolfo Sacco; Social science and diffusion of law, William Twining; Understanding legal pluralism: past to present, local to global, Brian Z. Tamanaha; Name index.
£247.00
Taylor & Francis Ltd Augustine and Modern Law Philosophers and Law
Book SynopsisSt Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. This title describes the life and world of Augustine and the ways in which he conceived both justice and law. It discusses the little recognized Augustinian contributions to the field of modern hermeneutics.Trade Review�...will prove to be a useful reference work for anyone who seeks to bridge the artificial gap that has emerged between historical scholarship in theology and law.' Ephemerides Theologicae LovaniensesTable of ContentsContents: Introduction; Selected bibliography, Carl Yirka; Part I Augustine: His Life and His World: The life and religion of Saint Augustine, Whitney J. Oates; Life, culture and controversies of Augustine, Robert Markus. Part II Two Cities: Justice in the Early and Divine Community: A Two Cities: The two cities in Augustine's political philosophy, Rex Martin; The origin and dynamics of society and the state according to St Augustine, D.J. MacQueen; B. Justice: Augustine's critique of human justice, Gaylon L. Caldwell; Justice as the foundation of the political community: Augustine and his pagan models, Ernest L. Fortin; C. Church-State Relations: The problem of service to unjust regimes in Augustine's City of God, Peter Burnell; Pluralism and secularism in the political order: St Augustine and theoretical liberalism, Michael J. White. Part III Augustine's Philosophy of Political Authority and Law: The fundamental ideas in St Augustine's philosophy of law, Anton- Hermann Chroust; Two conceptions of political authority: Augustine, De Civitate Dei xix. 14-15, and some 13th-century interpretations, R.A. Markus; Roman law in the works of St Augustine, Francesco Lardone. Part IV Selected Fundamental Principles of Jurisprudence and Political Theory: A. Augustine's Political Realism: Will and Order: the moral self in Augustine's De Libero Arbitrio, Eric O. Springsted; Augustine's political realism, Reinhold Niebuhr; B. Augustine's Historical Vision: St Augustine and the Christian idea of progress: the background of the City of God, Theodor E. Mommsen; Augustine's philosophy of history, Rüdiger Bittner; C. Interpretation and Rhetoric: Augustine's Confessions and the poetics of law, Eugene Vance; Augustine and the problem of Christian rhetoric, Ernest L. Fortin. Part V Applications of Augustine's Thought to Selected Legal Topics: A. Law of a Just War: Saint Augustine on war and killing: the problem of the innocent, Richard Shelley Hartigan; Coge intrare: the Church and po
£285.00
Bloomsbury USA 3pl States of Exception or Exceptional State
Book SynopsisSimon Mabon is Professor of International Politics at Lancaster University, UK, where he directs SEPAD and the Richardson Institute.Sanaa Alsarghali is Assistant Professor of Constitutional Law at An-Najaj National University, Palestine, where she is the Director of the Constitutional Studies Center. Adel Ruished is PhD Researcher in Politics and International Relations in the Department of Philosophy, Politics and Religion, Faculty of Arts and Social Sciences, Lancaster University, UK.Table of ContentsList of Contributors Foreword Acknowledgements Introduction 1. States of Exception, Bare Life and Agamben in the Middle East Simon Mabon, Lancaster University, UK 2. The Gulf Cooperation Council Police Imagined: The State of Exception and Transnational Policing Staci Strobl, University of Wisconsin-Platteville and Simon Mabon, Lancaster University, UK 3. Claiming Agency in the Iraqi State of Exception Edith Szanto , University of Alabama, USA 4. Institutionalizing Authoritarianism: Egypt, Al Sisi and the State of Exception Lucia Ardovini, Lancaster University, UK 5. A Forced Marriage? Palestine and the State of Exception Sanaa Alsarghali, An-Najah National University, Palestine Chapter 6: States of Exception and Emergency in the Post Arab Uprisings Middle East Lucia Ardovini, Swedish Institute of International Affairs, Sweden 6. Soverign Power in an Icy Climate: An Exploration of Violence, Environmental Challenges and Displacement in the Bekka Valley, Lebanon Ana Maria Kumarasamy, Lancaster University, UK 7. Penal Portents, Penal Precedents and Spectacles of Unbearable Life Madonna Kalousian, Lancaster University, UK 8. The Politics of Secular Cultural Property in East Jerusalem: The Case of Birket Hamam Al-Batrak Adel Ruished, Lancaster University, UK 9. Biopolitics, Destituent Resistance and Power-Sharing in Post-War Lebanon John Nagle, Queen’s University Belfast, UK Concluding Observations Index
£85.50
Springer Logical Models of Legal Argumentation
a huge range and FREE tracked UK delivery on ALL orders.
£125.99
Bloomsbury USA 3pl More Posthuman Glossary
Book SynopsisRosi Braidotti is Distinguished University Professor at Utrecht University, the Netherlands. Her publications include Patterns of Dissonance (1991), Metamorphoses (2002), Transpositions (2006), Nomadic Subjects (1994 and 2011), Nomadic Theory (2011), The Posthuman (2013), and Posthuman Knowledge (2019). She co-edited with Paul Gilroy Conflicting Humanities (2016) and with Maria Hlavajova The Posthuman Glossary (2018).Emily Jones is Lecturer in Law at the University of Essex, UK. She is author (with G. Heathcote; S.Labenski and S.Bertotti) of The Law of War and Peace Volume 1 (2020) and Volume 2 (forthcoming 2023, Bloomsbury).Goda Klumbyte is a Research Associate at the University of Kassel, Germany. Her research engages feminist science and technology studies and critical computing.Trade ReviewMore Posthuman Glossary provides a significant set of framework concepts and topics that navigate through the abundance of innovative methodological tools generated by posthumanist practices, and enables ways to think with the complex conditions of the world. * Felicity Colman, Professor of Media Arts, University of the Arts, London, UK *How are we to navigate the world today? The editors of More Posthuman Glossary adopt the Stengerian strategy of forming relays. The question is no longer whether to render explicit or clarify what would remain implicit. It is about “consolidating just a little more”, always a little more with every new entry in the glossary. Encore! * Andrej Radman, Assistant Professor of Architecture Philosophy and Theory, Delft University of Technology, The Netherlands *Table of ContentsContributors Preface, Donna Haraway Introduction, Rosi Braidotti, Emily Jones and Goda Klumbyte Glossary Acting as country, Daryle Rigney Agrarian (Post-)Humanities, Sophie von Redecker Algoritmic governmentality, Antoinette Rouvroy and Goda Klumbyte Art and Bioethics, Sarah Boers Collaborative Politics, Simone Bignall Collapse, Christopher F. Julien Composting, Astrida Neimanis and Jennifer Mae Hamilton Convergences, Rosi Braidotti, Emily Jones and Goda Klumbyte Cosmic Artisan, Kay Sidebottom Crip Theory, Kelly Fritsch Critical Posthuman Theory, Rosi Braidotti and Emily Jones (De)constructing Risk, Helene Kazan Defamiliarisation, Helen Palmer Dissappearance, Rick Dolphijn and Trixie Tsang The Distributed University, Sarah Nuttall and Rosi Braidotti EcoLaw, Margaret Davies Emergent Ecologies, Eben Kirksey Empathy Beyond the Human, Danielle Sands Endomaterialities, Celia Roberts Existential Posthumanism: A Manifesto, Francesca Ferrando Ex-colonialism, Simone Bignall Feminism and oceans, Gina Heathcote Fermentation, Olga Goriunova Geoengineering, Holly Jean Buck Geontopower, Elizabeth Povinelli Humus Economicus, Janna Holmstedt Hydrofeminism, Astrida Neimanis Internet of Trees, Jennifer Gabrys Intragenerational Justice and Care, Christina Fredengren Linguistic Incompossibility, Ruth Clemens Low Trophic Theory, Cecilia Åsberg and Marietta Radomska Manus Island and Manus Prison Theory, Omid Tofighian with Behrouz Boochani The Meltionary,Melt (Loren Britton and Isabel Paehr) Nauru Imprisoned Exiles Collective, Elahe Zivardar, also known as Ellie Shakiba (with Mehran Ghadiri) New Materialist Informatics, Goda Klumbyte and Claude Draude Norms, Fleur Johns Ontologised Plasticity, Zakkiyah Iman Jackson Organoids: arts, ethics, technology, Sarah Boers Parasitology, Rick Dolphijn Pattern Discrimination, Clemens Apprich Petroculture, Josephine Taylor Postcolonial and decolonial computing, Paula Chakravartty and Mara Mills Postcolonial Drone Scholarship, Sabiha Allouche Posthuman Agency, Simone Bignall Posthuman Care, Rosi Braidotti and Goda Klumbyte Posthuman Data, Jannice Käll Posthuman Feminist Aesthetics, Nina Lykke Posthuman International Law and Outer Space, Emily Jones and Rosi Braidotti Post-humanitarian law, Matilda Arvidsson Posthuman Nursing, Jamie B. Smith Posthuman Publics, Fiona Hillary Posthumanism and Design, Laura Forlano Proxy Reasoning, Olga Goriunova Queer Death Studies, Marietta Radomska and Nina Lykke Racialising Assemblages, Ezekiel Dixon-Román Relational Sovereignty, Simone Bignall Rights of Nature, Emily Jones Side-channel Attack, Matthew Fuller Surface Orientations, Nishat Awan Surrogacy, Sophie Lewis Swarm warfare, Lauren Wilcox Syndemic, Joni Adamson and Steven Hartman Toxic Embodiment, Cecilia Åsberg Transcorporiality II: Covid-19 and Climate Change, Stacy Alaimo Transjectivity, Christine Daigle Undead, Julieta Aranda and Eben Kirksey Vibrant Death, Nina Lykke Viral, Filipa Ramos Weird, Gry Ulstein Cumulative Bibliography
£65.00
Bloomsbury Publishing PLC Law and Chance
Book SynopsisWritten by one of the foremost Italian philosophers of the 20th century, Emanuele Severino's Law and Chance (Legge e Caso) explores the metaphysical categories that underpin the theoretical and practical domination of contemporary science. According to Severino, it is only by tracing the origin of the power of science to the Greek meanings of being and nothingness that it becomes possible to understand not only how science succeeds in achieving its aims, but also how it establishes the very meaning of its own success and power. Severino is increasingly being recognised as a truly foundational thinker in the formation of contemporary theory. The first English translation of this important work, Law and Chance is crucial reading for anyone engaged with the intersection between philosophy and science.Trade ReviewEmanuele Severino always knew how to ask the most compelling, even frightening questions. If you fear the unlimited power of science, then ask yourself, why shouldn’t power be limitless? What could put a limit to it? Perhaps only a philosophy that challenges the very notions of being and becoming. * Alessandro Carrera, Director in Italian Studies, University of Houston, USA *Severino’s Law and Chance contains a most lucid presentation of a fundamental aspect of his vast philosophical oeuvre: a continuing confrontation with epistemology and with the theories of contemporary science. Severino highlights the shift between the deterministic paradigm that characterized modern science up to the end of the 19th century and the logic that governed science after Einstein’s relativity and the developments of quantum theory. The possibility of determining the laws of chance constitutes a revolution for the entirety of the contemporary technical-scientific system. However, what does chance mean? Does chance already presuppose an order? What turns an event into an instance of chance, if not its being part of an order? Is there then a law that precedes every law of chance? These are some of the questions that render Severino’s contribution a necessary one. * Massimo Cacciari, author of "The Withholding Power " *Table of ContentsForeword: Emanuele Severino: Beyond the Alienated Soul of Tradition and Contemporary Philosophical Thought, Ines Testoni & Giulio Goggi The Translation of Destiny, and The Destiny of Translation, Damiano Sacco Law and Chance 1. The Immutables, Nothingness, Chance 2. From Epistemic to Scientific Domination 3. The Greek Meaning of Nothingness in Modern Science 4. The Will to Power as Interpretation Notes On The Problem Of Intersubjectivity In R. Carnap’s “The Logical Structure Of The World” 1. The Unity of Knowledge 2. Experience and the Intersubjectivity of Knowledge 3. The Protocol-Statement Debate 4. The Presupposition of Intersubjectivity in The Logical Structure of the World 5. Intersubjective Knowledge qua Structural Knowledge 6. Intersubjectivity and Objectivity 7. The Concept of Construction 8. Realist Language Formulation of the Concept of Construction 9. The Realist and Constructional Meaning of Intersubjectivity in the Structure 10. The Constructional Order according to Cognitive Primacy 11. Elementary Lived Experiences and the Reason for their Unanalysability 12. The Method of Quasi-Analysis. Goodman’s Critical Observations 13. Scientific-Ordinary Knowledge and Constructional Systems
£55.00
Edinburgh University Press DeleuzeS Philosophy of Law
Book SynopsisLaurent de Sutter gathers all the elements that compose Deleuze's philosophy of law and articulates them for the first time in a real system.Trade Review"Is this the book Deleuze would have written had he followed his fantasy of doing law instead of philosophy? Perhaps. In any case, the book written by de Sutter is an infinitely inviting book: it is a slow whispering between two thinkers, a communion of minds and words into which we are called to eavesdrop. It is critical (of law, of the world) and clinical (pragmatic, forensic, focussed) at the same time, performatively showing how critique of law is the necessary condition to engage with law. Through bite-size, delectably pithy, nearly twitterable chapters, de Sutter offers some of the deepest and most genre-changing propositions about the law ever encountered, but uttered lightly, with irony and humour, with a levity and flippancy worthy of the law." -Andreas Philippopoulos-Mihalopoulos, The Westminster Law & Theory Lab
£18.99
Taylor & Francis Ltd Economic Social and Cultural Rights
Book SynopsisEconomic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and culturalTrade Review'Any library featuring International Law would be incomplete without this handy collection of insightful essays by the key academics in the field.' American Society of International Law NewsletterTable of ContentsContents: Introduction; Part I Human Rights Obligations: The nature and scope of states parties' obligations under the International Covenant on Economic, Social and Cultural Rights, Philip Alston and Gerard Quinn; The applicability of international human rights law to non-state actors: what relevance to economic, social and cultural rights?, Manisuli Ssenyonjo; Limitations to and derogations from economic, social and cultural rights, Amrei Müller; Countering, branding, dealing: using economic and social rights in and around the international trade regime, Robert Wai. Part II Selected Substantive Rights: Enhancing enforcement of economic, social and cultural rights using indicators: a focus on the right to education in the ICESCR, Sital Kalantry, Jocelyn E. Getgen and Steven Arrigg Koh; Health systems and the right to health: an assessment in 194 countries, Gunilla Backman, Paul Hunt, Rajat Khosla, et al; The personal application of the right to work in the age of migration, Haina Lu; A human right to access water? A critique of General Comment No. 15, Stephen Tully; Towards an understanding of the right to enjoy the benefits of scientific progress and its application, Audrey R. Chapman; What are cultural rights? Protecting groups with individual rights, Laura Reidel. Part III Justiciability of Economic, Social and Cultural Rights: Justiciability of economic, social, and cultural rights: should there be an international complaints mechanism to adjudicate the rights to food, water, housing, and health?, Michael J. Dennis and David P. Stewart; Chronicle of an announced birth: the coming into life of the optional protocol to the International Covenant on Economic, Social and Cultural Rights - the missing piece of the International Bill of Human Rights, Catarina de Albuquerque; The collective complaints system of the European social charter: interpretative methods of the European Committee of Social Rights, Holly Cullen; Justiciability of economic, social and cultura
£332.50
Taylor & Francis Ltd Global Minority Rights
Book SynopsisThis important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.Table of ContentsContents: Introduction; Part I Historical Development of Minority Rights Law: Historical background: international law moves from protection of particular groups to norms of a universal character, Patrick Thornberry; Minorities and the League of Nations in interwar Europe, Mark Mazower; The internationalization of minority rights, Will Kymlicka. Part II Conceptual Development of Minority Rights Law: The bases of minority identity, Philip Vuciri Ramaga; To bellow like a cow: women, ethnicity and the discourse of rights, Radhika Coomaraswamy; The idea of human rights as perceived in the Ottoman empire, Berdal Aral. Part III Contemporary Challenges of Minority Rights Law: The headscarf affair: the Conseil d'Etat on the role of religion and culture in French society, Elisa T. Beller; Tiptoeing through a constitutional minefield: the great Sharia controversy in Nigeria, Andrew Ubaka Iwobi; The new economic policy and interethnic relations in Malaysia, Jomo K.S. Part IV Fundamental Norms in the Protection of Minorities: Merit principles, Christopher McCrudden; Reversing discrimination, Sandra Fredman; Comprehensive examination of thematic issues relating to the elimination of racial discrimination: the concept and practice of affirmative action, Marc Bossyut. Part V Specific Rights of Minorities: The emerging right to democratic governance, Thomas M. Franck; Justice and reparations, Howard McGary Jr; Multiculturalism and minority rights: West and East, Will Kymlicka; Equality and non-discrimination: fundamental principles of minority language rights, Fernand de Varennes. Part VI Human Rights Law and Minority Rights Law: A critical evaluation of international human rights approaches to racism, Kevin Boyle and Anneliese Baldaccini; Reinforcing marginalized rights in an age of globalization: international mechanisms, non-state actors, and the struggle for peoples' rights in Africa, J. Oloka-Onyango; 'Righting', restructuring, and rejuvenating the postcolonial African state: the case for the establishment of an AU Special Commission on National Minorities, Obiora Chinedu Okafor; Minorities, poverty and the millennium development goals: assessing global issues, Gay McDougall; Name index.
£332.50
Taylor & Francis Ltd Citizenship Rights
Book SynopsisIn today's world all claims tend to be founded on or justified by 'rights', be they political, social, economic or private. The ubiquity of this discourse has led to a blurring of the definition of what exactly constitutes rights, not to mention a blurring of the boundaries between different bundles of rights, their sources and the various institutional practices through which they are 'enjoyed' or asserted. Particular attention needs to be paid to the category of 'citizenship rights'. Exactly how are they distinguished from human rights? This volume presents some of the most important reflections and studies on citizenship rights, both past and present. The contributions provide both thorough description and incisive analysis and place the question of citizenship rights into a wider historical, social and political perspective. As such, it offers a timely introduction to the current debates surrounding the rights and duties of both citizens and non-citizens alike, with a focus on thTable of ContentsContents: Introduction: what do we talk about when we talk about citizenship rights?, Jo Shaw and Igor Å tiks; Part I What Are Citizenship Rights (and Duties)?: Propositions on citizenship, Étienne Balibar; Citizenship and social class, 40 years on, Tom Bottomore; Rights, relationality, and membership: rethinking the making and meaning of citizenship, Margaret R. Somers; Freedom from, in and through the state: T.H. Marshall’s trinity of rights revisited, Zygmunt Bauman; Two meanings of global citizenship: modern and diverse, James Tully. Part II Different Status, Different Rights: Citizens, residents, and aliens in a changing world: political membership in the global era, Seyla Benhabib; Multicultural states and intercultural citizens, Will Kymlicka; Temporary migrants, partial citizenship and hypermigration, Rainer Bauböck; Transformation of citizenship: status, rights, identity, Christian Joppke. Part III Citizenship Rights and Transnational Challenges: EU citizenship and political rights in an evolving European Union, Jo Shaw; Evaluating Union citizenship: belonging, rights and participation within the EU, Richard Bellamy; Transnational citizenship and the democratic state: modes of membership and voting rights, David Owen; Citizenship and identity: living in diasporas in post-war Europe?, Yasemin Nuhoglu Soysal. Part IV Struggles Over Citizenship Rights: Citizenship in flux: the figure of the activist citizen, Engin F. Isin; Mutations in citizenship, Aihwa Ong; The repositioning of citizenship: emergent subjects and spaces for politics, Saskia Sassen; Feminism, capitalism and the cunning of history, Nancy Fraser; Democratizing citizenship: some advantages of a basic income, Carole Pateman; Constructing sexual citizenship: theorizing sexual rights, Diane Richardson; The right to the city, David Harvey; Name index.
£266.00
Taylor & Francis Ltd Sexual Orientation and Rights
Book SynopsisDebate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.Table of ContentsContents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley. Part II Substantive Progressive Arguments: Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards; Liberal community, Ronald Dworkin; Sexual orientation and the constitution: a test case for human rights, Edwin Cameron; Hardwick and historiography, William N. Eskridge, Jr; Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review; Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute; Pornographies, Leslie Green; Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath. Part III Conservative Arguments and Responses to Them: Law, morality and ’sexual orientation’, John M. Finnis; Is marriage inherently heterosexual?, Andrew Koppelman. Part IV Radical Arguments: Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson; Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin; On being beside oneself: on the limits of sexual automony, Judith Butler. Name index.
£275.50
Taylor & Francis Ltd Rights Concepts and Contexts
Book SynopsisRights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: what is the nature and grounding of human rights? How should conflicts of rights best be analyzed? Are rights best understood in terms of choice, benefits, or some hybrid of the two? What are the connections between rights and duties, and between rights and justice? The collection also offers useful introductions to emerging issues in rights theory such as the purported bipolarity of rights.Table of ContentsContents: Introduction; Part I Rights in Context: Natural law and natural rights, Morton J. Horwitz; 'Protestant' political theory and the significance of rights, Sean Coyle; Human rights in the emerging world order, Joseph Raz; Humanist and political perspectives on human rights, Pablo Gilabert. Part II Concepts of Rights: Are there still any natural rights?, Hillel Steiner; Value pluralism and the two concepts of rights, Horacio Spector; The analytical foundations of justice, N.E. Simmonds; Fundamental legal conceptions reconsidered, Andrew Halpin; Ross and Olivecrona on rights, Brian H. Bix; A right to do wrong? Two conceptions of moral rights, William A. Edmundson; The nature of rights, Leif Wenar; Theories of rights: is there a third way?, Matthew H. Kramer and Hillel Steiner. Part III Bipolarity of Rights: Bipolar obligation, Stephen Darwall; Giving claim-rights their due, Margaret Gilbert; The nature of rights debate rests on a mistake, Siegfried van Duffel; Duties and their direction, Gopal Sreenivasan. Part IV Rights and Reasons: What demands are rights? An investigation into the relation between rights and reasons, Alon Harel; Rights and recognition, David Lyons; The rights recognition thesis: defending and extending Green, Gerald F. Gaus. Part V Conflicts of Rights: On conflicts between rights, Christopher Heath Wellman; American balancing and German proportionality: the historical origins, Moshe Cohen-Eliya and Iddo Porat; Security and liberty: the image of balance, Jeremy Waldron; Proportionality stricto sensu (balancing), Aharon Barak; The weight formula, Robert Alexy; On Robert Alexy's weight formula for weighing and balancing, Lars Lindahl; Name index.
£308.75
Taylor & Francis Ltd Emergency Ethics
Book SynopsisEmergencies are extreme events which threaten to cause massive disruption to society and negatively affect the physical and psychological well-being of its members. They raise important practical and theoretical questions about how we should treat each other in times of 'crisis'. The articles selected for this volume focus on the nature and significance of emergencies; ethical issues in emergency public policy and law; war, terrorism and supreme emergencies; and public health and humanitarian emergencies. Together they demonstrate the normative implications of emergencies and provide multi-disciplinary perspectives on the ethics of emergency response.Table of ContentsContents: Introduction; Part I The Nature and Significance of Emergency: Definition of sovereignty, Carl Schmitt; Morality and emergency, Tom Sorell; Making sense of ’public’ emergencies, François Tanguay-Renaud. Part II Ethical Issues in Emergency: Lifeboat ethics and disaster: should we blow up the fat man?, Naomi Zack; The moral black hole, Per Sandin and Misse Wester; Disappearing without a moral trace? Rights and compensation during times of emergency, Simon Wigley; Deontology at the threshold, Larry Alexander; A first-order ethic of solidarity and reciprocity, David Wiggins; The ethics of emergencies, Ayn Rand. Part III Ethical Issues in Emergency Public Policy and Law: Specifying rights out of necessity, John Oberdiek; 'Necessity knows no law': on extreme cases and uncodifiable necessities, Alon Harel and Assaf Sharon; In extremis, Arthur Ripstein; Law, looting and lawlessness, Stuart P. Green; The ethics of price gouging, Matt Zwolinski. Part IV War, Terrorism and Supreme Emergencies: The ethics of emergency, Michael Ignatieff; Emergency ethics, Michael Walzer; Terrorism, morality and supreme emergency, C.A.J. Coady; Supreme emergencies revisited, Daniel Statman; Supreme emergencies without the bad guys, Per Sandin. Part V Public Health and Humanitarian Emergencies: Is human rights prepared? Risk, rights and public health emergencies, Thérèse Murphy and Noel Whitty; Ethics and global climate change, Stephen M. Gardiner; Living on a lifeboat, Garrett Hardin; Lifeboat Earth, Onora O'Neill; Famine, affluence and morality, Peter Singer; Distribution and emergency, Jennifer Rubenstein; Name index.
£175.75
Taylor & Francis Ltd Emergency Research Ethics
Book SynopsisThe essays selected for this volume focus on issues that arise when attempting to design, review and undertake research involving human participants who are experiencing a private or public emergency. The main themes discussed by the essays are: the distinctive and significant ethical questions as to how research participants can be treated during emergency settings; the ethical challenges raised by emergencies for researchers undertaking research and its effects on the nature of research pursued; and procedural obstacles raised by emergencies which can affect the quality of good research ethics review. The volume is unique in that it is the first collection to exclusively deal with all of the central ethical aspects of conducting human subject research in the context of emergency.Table of ContentsContents: Introduction; Part I Consent: Informed consent in emergency research: a contradiction in terms, Malcolm G. Booth; Decision-making capacity and disaster research, Donald L. Rosenstein; To be or not to be: waiving informed consent in emergency research, Charles R. McCarthy; Waived consent for emergency research, Norman Fost; Deferred consent in emergency intensive care research: what if the patient dies early? Use the data or not?, T.C. Jansen, E.J.O. Kompanje, C. Druml, D.K. Menon, C.J. Wiedermann and J. Bakker; Ethical considerations on consent procedures for emergency research in severe and moderate traumatic brain injury, E.J.O. Kompanje, A.I.R. Maas, M.T. Hilhorst, F.J.A. Slieker and G.M. Teasdale. Part II Emergency and Critical Care Medicine: Balancing ethical principles in emergency medicine research, Eugenijus Gefenas; Has emergency medicine research benefited patients? An ethical question, Kenneth V. Iserson; Ethical and legal issues in emergency research: barriers to conducting prospective randomized trials in an emergency setting, C. Anne Morrison, Irwin B. Horwitz and Matthew M. Carrick; Ethics and research in critical care, Henry J. Silverman and Francois Lemaire; Lessons from everyday lives: a moral justification for acute care research, Andrew D. McRae and Charles Weijer; The ethical analysis of risk in intensive care unit research, Charles Weijer. Part III Vulnerable Populations: The concept of vulnerability in disaster research, Carol Levine; Vulnerable populations in emergency medicine research, Tammie Quest and Catherine A. Marco; Ethical issues in research involving victims of terror, Alan R. Fleischman and Emily B. Wood; Ethical issues pertaining to research in the aftermath of disaster, Lauren K. Collogan, Farris Tuma, Regina Dolan-Sewell, Susan Borja and Alan R. Fleischman; A second tsunami? The ethics of coming into communities following disaster, Theresia Citraningtyas, Elspeth MacDonald and Helen Herrman. Part IV Public Consultation
£266.00
Taylor & Francis Ltd Retribution
Book SynopsisRetribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.Table of ContentsContents: Introduction; Part I Retributions: Varieties of retribution, John Cottingham; A taxonomy of retributivism, Leo Zaibert; Punishment, Alan Brudner; Retributivism, Thom Brooks. Part II Retribution and Desert: Marxism and retribution, Jeffrie G. Murphy; Does it matter if the death penalty is arbitrarily administered?, Stephen Nathanson; Three mistakes of retributivism, David Dolinko; Why punish the deserving?, Douglas N. Husak; Competing conceptions of modern desert: vengeful, deontological, and empirical, Paul H. Robinson; Retribution and capital punishment, Thom Brooks. Part III Proportionality: How to make the punishment fit the crime, Michael Davis; Justice, civilization and the death penalty: answering van den Haag, Jeffrey H. Reiman. Part IV Retributivist Emotions: The varieties of retributive experience, Christopher Bennett; The moral worth of retribution, Michael S. Moore. Part V Retribution and Mercy: Equity and mercy, Martha C. Nussbaum. Name index.
£147.25
Taylor & Francis Ltd Shame Punishment
Book SynopsisShame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.Table of ContentsContents: Introduction. Part I Shame and Expressivism: The expressive function of punishment, Joel Feinberg; Can shaming punishments educate?, Stephen P. Garvey. Part II Shame Punishment: What do alternative sanctions mean?, Dan M. Kahan; Shaming white-collar criminals: a proposal for reform of the federal sentencing guidelines, Dan M. Kahan and Eric A. Posner; Shame, guilt, and punishment, Raffaele Rodogno. Part III Restorative Justice and Shame Punishment: The family model of the criminal process: reintegrative shaming, John Braithwaite; Shame and guilt in restorative justice, Raffaele Rodogno. Part IV Dignity and Shame Punishment: Shaming citizens?, Martha C. Nussbaum; Shame on you, shame on me? Nussbaum on shame punishment, Thom Brooks. Part V Shame and Sexual Offenders: Examining sex offender community notification laws, Abril R. Bedarf; The use of ’shame’ with sexual offenders, Anne-Marie McAlinden. Part VI Critics: Shame on you: an analysis of modern shame punishment as an alternative to incarceration, Aaron S. Book; Scarlet Letter punishment for juveniles: rehabilitation through humiliation?, Bonnie Mangum Braudway; What’s really wrong with shaming sanctions, Dan M. Kahan; Wrong turns on the road to alternative sanctions: reflections on the future of shaming punishments and restorative justice, Dan Markel; Open justice or open season? Should the media report the names of suspects and defendants?, Michael Bohlander. Name index.
£285.00
Taylor & Francis Ltd Sentencing
Book SynopsisEvery modern state sentences convicted offenders for their crimes. But what justifies the imprisonment of democratic citizens and how do we determine the severity of sentences? Does the theory of punishment closely connect with its practice? Should we support one purpose for sentencing or multiple purposes? Or should we reject sentencing in favour of alternatives to imprisonment? This volume brings together classic journal articles on sentencing selected from the work of leading, international figures in the field to address these controversial issues. Sentencing is examined from various critical perspectives, including the relation of theory and practice, the Model Penal Code and development of sentencing guidelines, the link between sentencing and emotions, punitive restoration, and sentencing alternatives such as restorative justice.Table of ContentsContents: Introduction. Part I Sentencing: Theory and Practice: Sentencing: theory, principle, and practice, Andrew Ashworth and Julian Roberts; Crime: in proportion and in perspective, John Gardner; Imprisonment and crime: can both be reduced?, Steven N. Durlauf and Daniel S. Nagin; The case for retributive sentencing, Richard L. Lippke; The place of public opinion in sentencing law, Stephen Shute. Part II Sentencing Guidelines and the Model Penal Code: The utility of desert, Paul H. Robinson and John M. Darley; The disutility of injustice, Paul H. Robinson; Sentencing guidelines at the crossroads of politics and expertise, Rachel E. Barkow; Departures from the sentencing guidelines, Andrew Ashworth; Sentencing councils and victims, Ian Edwards. Part III Sentencing and Emotions: Hearing the voices of victims and offenders: the role of emotions in criminal sentencing, Jonathan Doak and Louise Taylor. Part IV Sentencing as Punitive Restoration: The arts and prisoners: experiences of creative rehabilitation, Briege Nugent and Nancy Loucks; High-intensity rehabilitation for violent offenders in New Zealand: reconviction outcomes for high- and medium-risk prisoners, Devon L.L. Polaschek; Unified theory, Thom Brooks; Stakeholder sentencing, Thom Brooks. Part V Sentencing Alternatives: Setting standards for restorative justice, John Braithwaite; Responsibilities, rights and restorative justice, Andrew Ashworth; Feminism, rape and the search for justice, Clare McGlynn. Name index.
£73.14
