Methods, theory and philosophy of law Books

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

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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

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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

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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Book SynopsisWhat can legal theorists learn from legal historians? What guidance can historians take from theorists? What theoretical questions underlie legal historical investigations? These are the questions explored and answered by the articles selected in this volume. Taken together, these papers show that the future of historical jurisprudence is a bright one. This is a jurisprudence that can yield insights about how to conceptualise legal change, how to give voice to those operating outside of legal officialdom, and how to understand the relationship between law and politics. The papers selected range from the challenge to legal positivism from the perspective of the history of the common law, to the latest methodological debates in socio-historical jurisprudence. The volume contains a substantive introduction and a detailed bibliography.Table of ContentsContents: Introduction. Part I Challenging the Thought of the Present: The common law and legal theory, A.W.B. Simpson; Why is Anglo-American jurisprudence unhistorical?; Morton J. Horwitz; Classification of private law in relation to historical evidence: description, prescription, and conceptual analysis, Stephen Waddams; Interpretive legal theory and the academic lawyer, Allan Beever and Charles Rickett. Part II Reconstructing the Thought of the Past: What is legal history a history of?, David Ibbetson; Reason in the development of the common law, S.F.C. Milsom; Common law reasoning and the foundations of modern private law, Michael Lobban; The common-law status of colonies and Aboriginal ’rights’: how lawyers and historians treat the past, P.G. McHugh; Reflections on ’doing’ legal history, John Baker. Part III The Promise of History for Jurisprudence: Toward an integrative jurisprudence: politics, morality, history, Harold J. Berman; Historical jurisprudence, Geoffrey MacCormack; The tasks of historical jurisprudence, Peter Stein; Science, law and history: historical jurisprudence and modern legal theory, Geoffrey Samuel; Critical legal histories, Robert W. Gordon; After critical legal history: scope, scale, structure, Christopher Tomlins. Part IV Socio-Historical Jurisprudence: Introduction: J. Willard Hurst and the common law tradition in American legal historiography, Robert W. Gordon; Theory and practice in law and history: a prologue to the study of the relationship between law and economy from a socio-historical perspective, David Sugarman; Pigs and positivism, Hendrik Hartog; Law ’in’ and ’as’ history: the common law in the American polity, 1790-1900, Kunal M. Parker; How autonomous is law?, Christopher Tomlins. Name index.

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Book SynopsisThe relationship between law and science has developed apace over the last three decades. This collection brings together the most important and influential papers theorising that relationship, including papers that seek to protect law's autonomy against the perceived unwelcome inroads of science, and those that seek to shape and change law by incorporating the latest scientific developments. The papers span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, to efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume also includes a section on the famous debate within American case law over what constitutes good science. The volume contains a substantive introduction and detailed bibliography.Table of ContentsContents: Introduction: of empires and revolutionaries. Part I Science, Realism and Naturalism: Law & geometry: legal science from Leibniz to Langdell, M.H. Hoeflich; Rules of law, laws of science, Wai Chee Dimock; Naturalizing jurisprudence: three approaches, Brian Leiter. Part II Science on Trial: Commentary: science at the bar - causes for concern, Larry Laudan; Response to the commentary: pro judice, Michael Ruse; Commentary: science v. creation-science, William A. Thomas; Two stories of the Scopes trial, Lawrance M. Bernabo and Celeste Michelle Condit; The evolving role of the courts in educational policy: the tension between judicial, scientific, and democratic decision making in Kitzmiller v. Dover, Benjamin Michael Superfine. Part III Proof and Truth: Trial by mathematics: precision and ritual in the legal process, Laurence H. Tribe; Irreconcilable differences? The troubled marriage of science and law, Susan Haack; A science of evidence: contributions from law and probability, David A. Schum. Part IV System and Change: Gödel and Langdell - a reply to Brown and Greenberg’s use of mathematics in legal theory, David R. Dow; The zones of cyberspace, Lawrence Lessig; Rationality and the taming of complexity, Ronald J. Allen; Legal evolution: integrating economic and systemic approaches, Simon Deakin. Part V Science and Legal Concepts: The jurisprudence of genetics, Rochelle Cooper Dreyfuss and Dorothy Nelkin; The biology of culpability: pathological identity and crime control in a biological culture, Nikolas Rose; Philosophical foundations of law and neuroscience, Michael S. Pardo and Dennis Patterson; Responsible choices, desert-based legal institutions, and the challenges of contemporary neuroscience, Michael S. Moore. Name index.

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Book SynopsisThe papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. All taken from the last three decades, the papers discuss issues such as the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. Unduly neglected sources and resources for legal theory are also explored: images, still and moving; performance, aural and gestural; and space, old and new, from the Inns of Court to the World Wide Web. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, painting, drawing and film - for law. The volume contains a substantive introduction and a detailed bibliography.Table of ContentsContents: Introduction. Part I Imagination, Emotion and the Particular: Empathy, legal storytelling, and the rule of law: new words, old wounds?, Toni M. Massaro; Poets as judges: judicial rhetoric and the literary imagination, Martha C. Nussbaum; The echo of a sentimental jurisprudence, Ian Ward. Part II Voice, Perspective and Community: The judicial opinion and the poem: ways of reading, ways of life, James Boyd White; Law as rhetoric, rhetoric as law: the arts of cultural and communal life, James Boyd White; The judicial opinion as literary genre, Robert A. Ferguson; Narrative transactions - does the law need a narratology?, Peter Brooks; Ghosts of law and humanities (past, present, future), Marett Leiboff. Part III Image, Vision and Pattern: The aesthetics of American law, Pierre Schlag; Tele-tribunals: anatomy of a medium, Cornelia Vismann; Precrime never pays! ’Law and economics’ in Minority Report, William P. MacNeil; Visiocracy: on the futures of the fingerpost, Peter Goodrich. Part IV Space, Music and Performance: Law, music, and other performing arts, Sanford Levinson and J.M. Balkin; Theatre of deferral: the image of the law and the architecture of the Inns of Court, David Evans; Prelude: senses and symbols in aesthetic experience, Desmond Manderson; Legal performance good and bad, Julie Stone Peters; Screening law, Peter Goodrich. Index.

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Book SynopsisThe last fifty years have seen a notable expansion of philosophical scrutiny of the fundamental concepts and structures of Anglo-American criminal law and this volume offers a selection from journal articles and book chapters of significant and influential work in this field. Taken together, these essays illustrate how contemporary philosophical reflection on criminal law has broadened its focus beyond the longstanding and still active debate over the moral legitimacy of punishment. In addition to punishment, the subjects also covered in this collection range from excuse and justification defenses and the conundrums of attempt liability to the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.Table of ContentsContents: Introduction. Part I The Structure and Limits of Criminal Law: The aims of the criminal law, Henry M. Hart Jr; Criminal attempt and the theory of the law of crimes, Lawrence C. Becker; Criminalization and sharing wrongs, S.E. Marshall and R.A. Duff. Part II Criminal Responsibility: Character, purpose, and criminal responsibility, Michael D. Bayles; Choice, character, and excuse, Michael S. Moore; Choice, character and criminal liability, R.A. Duff. Part III Culpability: Insufficient concern: a unified conception of criminal culpability, Larry Alexander; Motive and criminal liability, Douglas N. Husak. Part IV Defences, Justifications and Excuses: A theory of justification: societal harm as a prerequisite for criminal liability, Paul H. Robinson; The gist of excuses, John Gardner; The perplexing borders of justification and excuse, Kent Greenawalt; Self-defense, Judith Jarvis Thomson; The basis of moral liability to defensive killing, Jeff McMahan. Part V Attempts: Impossibility in criminal attempts - legality and the legal process, Arnold N. Enker; The punishment that leaves something to chance, David Lewis. Part VI The Justification of Punishment: The expressive function of punishment, Joel Feinberg; The retributive idea, Jean Hampton; Expression, penance and reform and The ideal and the actual, R.A. Duff; Punishment and justification, Mitchell N. Berman. Name index.

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Book SynopsisThe central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.Table of ContentsContents: Introduction. Part I Theories of Freedom of Religion: Local or Global?: Does it matter what religion is?, Christopher L. Eisgruber and Lawrence G. Sager; Equal liberty, nonestablishment, and religious freedom, Cécile Laborde; Freedom of conscience as religious and moral freedom, Michael J. Perry; A new global paradigm for religious freedom, Rafael Domingo; Religious freedom, American-style, Elizabeth Shakman Hurd. Part II Freedom of Religion around the Globe: Freedom of Religion in Asia: Hegemony, imperialism, and the construction of religion in East and Southeast Asia, Thomas David Dubois; Religious renaissance in China today, Richard Madsen; Secularization theories and the study of Chinese religions, Michael Szonyi; ‘Smash temples, build schools’: comparing secularism in India and China, Peter van der Veer; State and religious diversity: can something be learnt from the Indian model of secularism?, Rajeev Bhargava; A leap of faith: the construction of Hindu majoritarianism through secular law, Ratna Kapur. Freedom of Religion in Islam/Middle East: Religious freedom in Islam: a global landscape, Daniel Philpott; Judging in God’s name: state power, secularism and the politics of Islamic law in Malaysia, Tamir Moustafa; Juristocracy vs. theocracy: constitutional courts and the containment of sacred law, Ran Hirschl; Immunity or regulation? Antinomies of religious freedom, Saba Mahmood and Peter G. Danchin. Freedom of Religion in Europe: From Communist to Muslim: European human rights, the Cold War and religious liberty, Samuel Moyn; Eurasian integration and the clash of values, Alexander Lukin; Chaos in Ukraine: the churches and the search for leadership, Nicholas E. Denysenko. Part III Case Studies: Peace at daggers drawn? Boko Haram and the state of emergency in Nigeria, Daniel E. Agbiboa; From social hostility to social media: religious pluralism, human rights and democratic reform in Africa, M. Christian Green; Global tangles: laws, headcoverings and religious identity, Seval Yildirim; Case studies: Japan, Brazil and Nigeria, Brian J. Grim. Part IV Global Secularism: is a Fundamental Re-Definition of Secularism Necessary?: How to define secularism, Charles Taylor; Secularism: its content and context, Akeel Bilgrami. Name index.

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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.

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Book SynopsisJacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.

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Book SynopsisDonald Nicolson combines all the elements of evidence and proof in one book, boldly setting it against a long tradition of legal philosophy.

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Book SynopsisDrawing on thinkers as diverse as Aristotle, Aquinas, Duns Scotus, Grotius, Husserl and Deleuze, Connelly traces Leibniz's conceptualisation of power through its applications in his legal texts, revealing that Leibniz in fact reconceptualises power under a new name: the state space.

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Book SynopsisDrawing on thinkers as diverse as Aristotle, Aquinas, Duns Scotus, Grotius, Husserl and Deleuze, Connelly traces Leibniz's conceptualisation of power through its applications in his legal texts, revealing that Leibniz in fact reconceptualises power under a new name: the state space.Trade Review"Connelly has crafted an intricate and illuminating analysis of Leibniz' thought that both challenges and enriches our understanding of the philosophy of power. This work is invaluable to scholars of law and philosophy, and makes an important contribution to the history of ideas." -Hayley Gibson, University of Kent

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Book SynopsisImagined States examines representations of the law in British and Nigerian high-brow, middle-brow and popular fiction and journalism. It reads works by Chinua Achebe, Joyce Cary, Cyprian Ekwensi and Edgar Wallace, together with a range of Nigerian market literature and journalism.

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Book SynopsisMatthew Stone asks what unites apparently disparate applications of Levinas' ideas about law and explores the ethical challenge of law's relationship with 'the Other'. Ultimately, he is sceptical that Levinasian ethics can be invested in legal institutions and instead proposes that it should be embodied in the perpetual critique of law.

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Book SynopsisThis volume investigates the peculiarly British fixation with the the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property, against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.Table of ContentsPreface, Paul J. du Plessis; Matters of Context; 1.The Early Historiography of the Lex Aquilia in Britain: Introducing Students to the Digest, John W. Cairns; 2. William Warwick Buckland on the Lex Aquilia, David Ibbetson; 3. `This Concern with Pattern’: F.H. Lawson’s Negligence in the Civil Law, Paul Mitchell; 4. Student’s Digest: 9.2 in Oxford in the Twentieth Century, Benjamin Spagnolo; Case Studies; 5. Revisiting D.9.2.23.1, Joe Sampson; 6. Reflections on the Quantification of Damnum, Alberto Lorusso; 7. Causation and Remoteness: British Steps on a Roman Path, David Johnston; 8. Roman and Civil Law Reflections on the Meaning of Iniuria in Damnum Iniuria Datum, Giuseppe Valditara; 9. Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the `Neighbour’ Principle, Robin Evans-Jones and Helen Scott; 10. Conclusions, Paul J. du Plessis.

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Book SynopsisA reflection on interdisciplinarity in legal studies against the background of the dispute between the natural sciences and the humanities

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Book SynopsisGavin Rae offers an original approach to sovereign violence by looking at a wide range of thinkers, which he organises into three models. Benjamin, Schmitt, Arendt, Deleuze and Guattari form the radical-juridical perspective; Foucault and Agamben the biopolitical; Derrida the bio-juridical which Rae argues produces the most nuanced account.

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Book SynopsisJacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.

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Book SynopsisInternational specialists from law, media, film and virtual studies address the jurist in the era of digital transmission. From the cinema of the early 20th century to social media, this volume explores the multiple intersections of these visual technologies and the law.

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Book SynopsisOver his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights in this field.Table of ContentsIntroduction; Part I: Rights, Religion and Morality: 1. Calvinists, Arminians, Socinians: Popular sovereignty and natural rights in early modern political thought, James Moore; 2. Truth and Toleration in the Early Modern Period, Maria Rosa Antognazza; 3. The History of the History of Ethics and Emblematic Passages, Aaron Garrett; 4. Natural law and natural rights in early enlightenment Copenhagen , Mads Jensen; Part II: Natural Law and the Philosophers: 5. Natural Equality and Natural Law in Locke’s Two Treatises, Kari Saastamoinen; 6. Dignity and Equality in Pufendorf’s Natural Law Theory, Simone Zurbuchen; 7. Theory and Practice in the Natural Law of Christian Thomasius, Ian Hunter; 8. The 'iura connata' in the Natural Law of Christian Wolff, Frank Grunert; 9. Hume’s peculiar definition of justice, James A. Harris; Part III: Rights and Reform: 10. Economizing Natural Law: Pufendorf on Moral Quantities and Sumptuary Legislation, Michael Seidler; 11. The Legacy of Smith’s Jurisprudence in Late-Eighteenth-Century Edinburgh, John W. Cairns; 12. Declaring Rights: Bentham and the Rights of Man, David Lieberman; 13. Rights After the Revolutions, Richard Whatmore; Index.

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Book SynopsisRecent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of 'the people' in constitutional democracies to the forefront

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Book SynopsisConor McCarthy shows how outlaw literature and espionage literature critique the use of legal exclusion as a means of supporting state power. Texts discussed range from the medieval Robin Hood ballads, Shakespeare's history plays and the Ned Kelly story to John le Carre, Don DeLillo, Ciaran Carson and William Gibson.

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Book SynopsisAround four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.

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Book SynopsisA legal biography of Judah P. Benjamin (1811-1884): Jewish lawyer, US Senator, Confederate statesman, political exile, leader of the English Bar, inspiration for Benjamin's Sale of Goods and distinguished juristTable of ContentsList of Figures; Table of Cases; Foreword by Stephen C. Neff, Professor of War and Peace, University of Edinburgh; Preface and Acknowledgements; Introduction; 1. Benjamin’s Emergence as an American Lawyer and Politician; 2. Slavery, Secession and Benjamin’s Confederate Years; 3. Benjamin’s Exile and Professional Rebirth; 4. The Rise and Rise of Benjamin the Barrister; 5. Concluding Reflections; Appendix 1 – The Great Escape: Benjamin’s Flight into Exile; Select Bibliography; Index.

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Book SynopsisUncovers the relationship between early modern natural law ideas and secular conceptions of politics.

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Book SynopsisThis open access book explores the conditions under which habit – and pre-reflective agency – can remain at the service of our ethical lives. What if data-intensive technologies’ ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: ‘as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we’ll be fine’. To question this assumption, this book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the ‘double edge’ of habit — its empowering and compromising sides — to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us ‘sheep-like’. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.Trade ReviewThe flow of thought is compelling, but it is also a dance of the intellect, where you need to stand back after each section to marvel at where it has taken you and is about to take you. * BJGP Life *Table of ContentsI. What is a Habit? II. The Habitual and the Ethical: Unhappy Marriage? III. Why Does ‘Habitual Ethics’ Matter Today? IV. Chapters Overview PART I HABIT AND INDIVIDUAL AGENCY 1. From Facts to Norms (and Back) I. Defining ‘the Natural’ (and the Role of Science) A. When ‘the Natural’ is Restricted to that which is the Result of Elementary Forces B. Inhabited Nature II. The ‘Motivation Problem’ III. ‘Following a Rule’ A. ‘Primitive Appropriateness’ B. Dispositions, the Possibility of Mistakes and ‘Primitive Inappropriateness’ 2. Habit and Skill Acquisition I. Skilful Coping and Skilful Action II. The Structure of the Environment and its Impact on Skill Acquisition A. The ‘Skilled Intuitions’ Stance B. The ‘Heuristics and Bias’ Stance C. Explaining Divergent Stances on Intuitive Expertise by Reference to the Structure of the Environment III. ‘Tacit’ Learning Attitude(s) A. Automaticity and Availability to Conscious Awareness B. Automaticity and Adaptability i. External Goal Adaptability ii. Adaptability of One’s Self-understanding 3. Routine and Rigidified Habits I. Teleologically Indeterminate Professional Encounters A. The Situational Vulnerability at the Heart of the Lay–Professional Encounter B. The Particular Responsibility that Stems from Lay Situational Vulnerability II. Humility and ‘Sophia’: Pre-Conditions of Habit Plasticity? III. Obstacles to Habit Plasticity in Professional Contexts A. Case Study B. The Emotional and Physiological Costs of Habit Reversal C. Balancing Model Stability and Habit Plasticity within the Learning Process 4. Growing Out of the Habitual I. Growing Out of the Habitual: Habit versus Reason II. When ‘Reason’ Shields Us from Normative Significance 5. Growing within the Habitual I. Responsiveness to Reasons A. Why ‘Reasons’? B. The Gap between ‘Reasons’ and Normative Significance II. Habit and the Work of Attention A. GP Consultation with Seemingly ‘Peripheral’ Child Safeguarding Concerns B. Imposing a Mental Defence in Criminal Law C. Seeing Past Habitual Salience and the Role of Personal Encounters III. Responsiveness to the Other: A Forgotten Capability? A. Selective Responsiveness and the Possibility of Immanent Critique B. A Pervasive – Yet Optimistic – ‘Mode of Being Ethical’? C. Compromised ‘Forms of Life’ PART II COLLECTIVE HABITS AND MORAL TRANSFORMATIONS 6. Law and Habits I. The Narrow View: The Step from ‘the Pre-Legal to the Legal’ A. Organically Grown Customs versus ‘Constitutive’ Practices B. Addressing a ‘Defective’ Form of Social Control Through ‘Official’ Rules C. Accounting for the Emergence of Law as a Normative Phenomenon II. Non-Deliberative Components within a Genealogy of Legal Normativity A. Habit Hostility B. Habit Ambivalence i. The Wittgensteinian Take on ‘Custom’ ii. The Weberian Narrative C. From Collective Patterns of Behaviour to Legal Norms III. The Types of Habits Law May Foster A. Qualitatively Different Habits B. Division of Normative Labour and its Moral Risks C. Legal Institutional Structures, Alienation Risks and Habit Rigidification 7. Algorithmic Habits and Social Transformations I. Inferred Traits and Optimisation Endeavours A. Profile-based, Personalised Optimisation Tools B. Manipulation as Hidden and Non-deliberative Interventions II. Precluded Transformations: Alienation Through Reification A. Narrowing of Imaginative Horizons B. Habitats and their Inherent Narrowing of Encountered Worldviews C. Habitat Co-construction and the Possibility of Experimentation III. Ensemble Contestability A. Case Study B. From ‘Passive’ and Individualist Explanations to Ensemble Contestability IV. Bottom-up Data Trusts

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Book SynopsisMatthias Klatt is Professor of Jurisprudence at the University of Graz, Austria.

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Book SynopsisNicola Lacey's book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered. All of the essays in the book therefore engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law,public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as an individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics. The essays in this book tell the story of an intellectual journey which has led the author to question some of the central assumptions of traditional legal education and scholarship. They also set out a distinctive vision of jurisprudence as a form of critical social theory.Trade ReviewThis collection of essays brings together work of a leading figure within feminist legal thought and provides an excellent example of the particular contribution of feminism to analysis of the legal system. The essays engage with, respond to and develop a variety of feminist perspectives upon law and demonstrate the enormous, challenging and exciting task ahead for feminist legal theorists. Jo Bridgeman Modern Law Review September 2002 Lacey exemplifies the best characteristics of British academic writing, namely, a sincere attempt to convey complex positions and arguments as clearly as possible and an uncompromising honesty about her own work which means that her critical gaze is as much directed at her own views as at others. David Dyzenhaus Philosophical Books September 2002Table of ContentsIntroduction to the Essays PART I: FEMINIST CRITIQUE OF INDIVIDUALISM IN LEGAL AND POLITICAL THOUGHT 1. From Individual to Group? A Feminist Analysis of the Limits of Anti-Discrimination Legislation 2. Theories of Justice and the Welfare State: A Feminist Critique 3. Theory into Practice? Pornography and the Public/Private Dichotomy 4. Unspeakable Subjects, Impossible Rights: Sexuality, Integrity and Criminal Law 5. Community in Legal Theory: Idea, Ideal or Ideology? PART II: QUESTIONS OF METHOD IN FEMINIST LEGAL THEORY: WITHIN OR BEYOND CRITIQUE? 6. Closure and Critique in Feminist Jurisprudence: Transcending the Dichotomy or a Foot in Both Camps? 7. Feminist Legal Theory Beyond Neutrality 8. Normative Reconstruction in Socio-Legal Theory

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Book Synopsis

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Book SynopsisIntroduction: Leftist constitutionalism and the Rechtsstaat the ongoing relevance of a historical controversy.- The Rechtsstaat and the left in the 1848 revolution.- The Rechtsstaat in Bismarck's times.- Room for the Rechtsstaat in times of extremes.- Germany year zero: which Rechtsstaat?.- Conclusion: Constitutionalism and the left - a hindrance or an opportunity?.

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Book Synopsis1 Introduction.- 2 Autonomous Reasoning Revisited.- 3 The Logical Structure Of Principles.- 4 Balancing As Optimisation.- 5 Alternative Approaches To Balancing.- 6 Epistemic Issues Of Balancing.- 7 Dimensions Of Law.- 8 Competences And Formal Principles.- 9 Balancing And Interpretation.- 10 The Foundation Of Fundamental Rights.- 11 Rights Balancing.- 12 Normative Legal Pluralism.- 13 Law And Morality.- 14 Resume.- 15 Appendix.

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Book Synopsis1 A Guide to Diagramming a Paternalist.- 2 What Is Legal Paternalism?.- 3 Arguments for and against Paternalism.- 4 Liberal Theories and Behavioural Economics or Heuristics and Biases Psychology.- 5 The Dark Side of Antipaternalism.- 6 The Concept of Harm in John Stuart Mill’s and Feinberg’s Harm Principle.- 7 The Harm Principle, Vulnerability, and the Criminalization of Drugs.

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