Methods, theory and philosophy of law Books

Book SynopsisIt cannot be fair that wealthy people enjoy better legal outcomes. That is why Frederick Wilmot-Smith argues that justice requires equal access to legal resources. At his most radical, he urges us to rethink the centrality of the market to legal systems, so that those without means can secure justice and the rich cannot escape the law’s demands.Trade ReviewAt the core of this book is the ethos of fair distribution upon citizens of the benefits and burdens of the justice system…This book is an essential read for all interested in the rule of law. -- Kirsty Brimelow * The Times *Like many judges and former judges, I have long been affronted by serious gaps in access to justice. I have never come across any work which discusses the topic with anything approaching the breadth, depth, or rigor of Frederick Wilmot-Smith’s important book. I have some doubts about his proposal, which is radical indeed. But the ball is now very firmly in the court of those who disagree. -- David Neuberger, former President of the Supreme Court of the United KingdomEngaging and provocative…Other work has considered the case for deprivatization of legal-services markets but never with the resolute philosophical grounding that Wilmot-Smith brings to bear…Draws richly deserved attention to the abject failures of laissez-faire in serving the legal needs of the less advantaged. -- Myriam Gilles and Gary Friedman * Yale Law Journal *[An] important book…Nowhere has there been any sustained consideration of how the structure of a legal system might affect the justice of laws, or what a just system of administration of laws would be. This is the gap which this book seeks to fill and it does so most impressively…Very thought provoking. I cannot recommend it too highly to anyone who is interested in the fundamental question of what makes a legal system just. -- John Dyson * Middle Templar *Makes a strong case for significant (and perhaps radical) legal reform…[Wilmot-Smith] promises to present a framework to structure future discussions, and I believe that he achieves this in this book. Everyone benefits from a just legal system as proposed by the author and we owe it to ourselves to explore this theory further. -- Martine Dennie * Labour/Le Travail *Essential for anyone interested in the justice of legal systems. It is also of considerable interest to political philosophers concerned to work out the institutional implications of egalitarianism. -- James Lindley Wilson * Mind *While many scholars have inquired into problems associated with ‘access to justice,’ fewer have asked the question of how, in general, a legal system ought to be designed to administer justice justly, and hardly any have offered a general and systematic political-philosophical account of what it would mean for individuals to have equal access to legal representation and courts. Equal Justice is a brilliant, nuanced, and timely exploration of these very important topics. -- John Goldberg, Carter Professor of General Jurisprudence, Harvard UniversityStimulating, clear, well-written, and persuasive, Equal Justice is a welcome contribution to a discussion that has been taking on recent importance in legal and political philosophy, focusing not so much on law and its nature but on the value of legality as it applies to how a political community governs itself. -- Bradley Wendel, Cornell UniversityWhole libraries have been devoted to justice in the substantive law, but, startlingly, no theoretically engaged book exists addressing justice in the legal system—asking what justice requires of the institutions that collectively administer the law. Frederick Wilmot-Smith’s Equal Justice brilliantly fills this void. Full of sophisticated arguments beautifully presented—for example, that lawyers should not be allocated based on ability to pay because a just distribution of legal resources is constitutive of a just market—this book at once demands and repays close reading from anyone concerned with achieving justice under law. -- Daniel Markovits, Yale Law School

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Book SynopsisNatural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.Trade ReviewHelmholz’s survey is thorough and reliable. -- J. Simeone * Choice *

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Book SynopsisEpstein offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer between too much and too little.Trade ReviewA book called 'The Death of Common Sense: How Law is Suffocating America' by attorney Philip Howard has captured the attention of Washington's policy community with its maddening accounts of overzealous regulation and complex litigation. But Mr. Howard's appeal for enforcing rules with a dose of common sense never sets forth a framework for bringing about legal simplification. That's why Richard Epstein's new book...is such a suitable companion to Mr. Howard's battle cry. Mr. Epstein...believes that the traditional common law is actually more attuned to the modern world...He argues that the more complex the world, the less bureaucrats and lawmakers can know about how everything interacts, and the more perverse and inefficient the law will become...Mr. Epstein's relentlessly logical arguments tell us why we should return to the tried-and-true rules of the common law. Like manners, the common law has proven useful and long lasting precisely because it is so well-suited to a world of strangers. -- John H. Fund * Wall Street Journal *Richard A. Epstein, a professor of law at the University of Chicago, has a record of proposing radical and extreme alterations in key areas of law--alterations that perhaps initially could be dismissed as so far from the center of legal thinking as to be of only theoretical interest but then turn out to have much more political life in them than one could have thought possible...Mr. Epstein has to be taken seriously, and not only because of the power of his reasoning and his authoritative command of the common law and political philosophy...The reasoning is strong, the knowledge of specific areas of policies is deep, and behind them stands his basic commitment to a more productive and efficient society...It is bracing to undergo a cold bath in the pure doctrine of the simple rules, and in many areas they will give us some practical guidance. -- Nathan Glazer * New York Times Book Review *Simple Rules for a Complex World is a clear, consistent, libertarian economic approach to the law that should keep you interested from start to finish. -- Charles W. Chesbro * Trial *This book is a tour de force of legal history and analysis. It would have been timeless in any event, but the current Congress' agenda makes it timely as well. Property rights, product and professional liability, a flat tax and environmental protection are now front and center; labor law reform and comparable worth may soon crowd their way onto the agenda as well. Long-range vision and wisdom are too seldom combined with topical analysis, but Simple Rules for a Complex World has this invaluable quality...What Mr. Epstein has accomplished, then, is not the fabrication of a framework but the distillation of one. He has articulated and rationalized basic principles of law in a creative way that shows these principles to have both historical and theoretical primacy. At a time when much legal scholarship is devoted to the deconstruction of the root of our legal order, Mr. Epstein has written a book of reconstruction. -- Roger Clegg * Washington Times *A persuasive argument for the American legal system's return to the common-sense rules of common law, by a distinguished professor at the University of Chicago. * Chicago Tribune *Table of ContentsPreface Introduction: Too Many Lawyers, Too Much Law PART 1: CUTTING THROUGH COMPLEXITY 1. The Virtues of Simplicity 2. The Enemies of Simplicity PART 2: THE SIMPLE RULES 3. Autonomy and Property 4. Contract 5. Torts 6. Necessity, Coordination, and Just Compensation 7. Take and Pay PART 3: THE RULES IN ACTION 8. Contracting for Labor 9. Employment Discrimination and Comparable Worth 10. Professional Liability for Financial Loss 11. The Origins of Product Liability Law 12. The Contemporary Product Liability Scene 13. The Internal Life of the Corporation 14. The Corporation and the World 15. Environmental Protection and Private Property Conclusion: The Challenges to Simple Rules Notes Index of Statutes Index of Cases General Index

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Book SynopsisAs readers of Russian literature know, the nineteenth century was a time of pervasive financial anxiety. Russians of all classes were enmeshed in networks of credit and debt, and borrowing and lending shaped perceptions of material and moral worth. Sergei Antonov recreates this imperial world of borrowers, bankrupts, lenders, and loan sharks.Trade ReviewSergei Antonov introduces us to an imperial Russia in which aristocratic sons borrowed from usurers for their military uniforms and gambling debts and landowners borrowed money from serfs they owned and had mortgaged as collateral for other loans. With imagination and rich detail, he shows how informal personal credit pervaded every aspect of culture, society, and government, undergirding the social order and an entire regime of private property ownership. Bankrupts and Usurers of Imperial Russia is a masterly addition to the new cultural and social history of debt. -- Bruce H. Mann, author of Republic of Debtors: Bankruptcy in the Age of American IndependenceAntonov is a pioneer in the use of sources about private moneylending as a lens onto the tsarist social order. He is a keen analyst of large-scale processes, but his book is also highly readable and brings everyday imperial Russia to life. Bankrupts and Usurers of Imperial Russia is an important scholarly intervention, one built on archival sleuthing, expertise in social and legal history, a skillful integration of Russian developments into a global context, and a solid familiarity with the Western, imperial Russian, Soviet, and post-Soviet Russian literature. -- Alexander M. Martin, author of Enlightened Metropolis: Constructing Imperial Moscow, 1762–1855From humble peasants to wealthy aristocrats, Russian pre-revolutionary society was permeated by the bonds of debt. Antonov’s meticulously researched and beautifully written book uncovers the circuits of unofficial credit relations that existed outside of the state banking system. It tells the stories of tragic bankruptcies and prodigious fortunes, family strife, legal battles, and reconciliations between debtors and usurers. This is an important study that fundamentally recasts our understanding of the legal regimes, economy, and sociability of credit in imperial Russia. -- Ekaterina Pravilova, author of A Public Empire: Property and the Quest for the Common Good in Imperial Russia

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Book SynopsisThis innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected.Trade ReviewWinner of the Choice award for Outstanding Academic Title “Pieter Spierenburg is one of the world’s experts on the history of violent crime, and his writings are filled with fascinating facts and thought-provoking insights. The essays in this volume will inform and stimulate anyone interested in human violence and its history.” Steven Pinker, Harvard University “Pieter Spierenburg is our leading student of the civilizing process in punishment and society. Violence and Punishment ties together decades of research into the dynamics of violence and state formation; truly the definitive work on the topic.” Jonathan Simon, University of California Berkeley “With this strong new addition to his previous work, Pieter Spierenburg consolidates his position as Europe's leading historian of violence.” Roger Lane, Haverford CollegeTable of ContentsIntroduction: Violence and Punishment within Civilizing Processes page 1 PART ONE Violence 1 Long-Term Trends in Homicide: Amsterdam, Fifteenth–Twentieth Centuries 19 2 Homicide and the Law in the Dutch Republic: A Peaceful Country? 39 3 Violence and Culture: Bloodshed in Two or Three Worlds 57 PART TWO Punishment and Social Control 4 Punishment, Power and History: Foucault and Elias 75 5 Monkey Butt’s Mate: On Informal Social Control, Standards of Violence and Notions of Privacy 92 6 "The Green, Green Grass of Home:" Refl ections on Capital Punishment and the Penal System in Europe and America from a Long-Term Perspective 104 PART THREE Civilizing the Body in Human History 7 Elites and Etiquette: Changing Standards of Personal Conduct in the Netherlands until 1800 129 8 Civilizing Celebrations: An Exploration of the Festive Universe 151 9 The Body’s End: Death and Paradise in Human History 163 Epilogue: A Personal Recollection of Norbert Elias and How I Became a Crime Historian 174 Notes 181 Archival Sources 200 Bibliography 201 Index 221

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Book SynopsisCrime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate. This concise book explores the seemingly simple, common-sense concept of crime revealing the huge complexities, ambiguities and tensions that lie beneath it. Criminal law is often at odds with different moral perspectives and the practices of different cultures. The mass media distort the picture profoundly, as do politicians in pursuit of law and order votes. The criminal justice system tackles only a limited range of crimes ? almost entirely ones committed by the poor and relatively powerless ? while often neglecting the most dangerous and harmful activities of corporations and states, from the carnage of unjust wars to the tragedies engendered by austerity. It is only by examining the multiple and varied perspectTrade Review"This book displays in abundance the hallmarks of Robert Reiner�s work: it synthesizes a vast amount of literature and data into a remarkably accessible and compelling narrative, and it is both sociologically dispassionate and morally serious about its subject matter. The result is an accomplished introduction to the concept of crime." Ian Loader, University of Oxford "'Crime' is a keyword in contemporary politics and culture: widely used, powerfully consequential, and – for all its seeming simplicity – deeply complex and contested. In this masterly account, Robert Reiner traces the concept�s multiple meanings and ramifications, its role in criminological theory and political discourse, and its intimate association with the history of capitalism. This is an essential, eye-opening guide to one of the central issues of our time." David Garland, New York University "Reiner is one of the few writers who can combine breadth with depth, sophistication and clarity. [�] The end result is not merely a very good introductory textbook but a sophisticated discussion of the various meanings of crime, full of critical evaluative moments that encourage students to move on from current orthodoxies. [�] Useful right through from first-year to Masters criminology and related disciplines, this book is, for me, the best short overview of the concept of crime on the market." Steve Hall, Policing and Society "Reiner brings together a vast amount of literature, and makes a compelling case." Professional Security Magazine Online "Crime is a succinct and eminently readable work that is none the worse for its occasional streak of combativeness. Notwithstanding the variety of topics covered, Reiner�s writing is invariably clear, rich in detail and draws on a variety of theoretical and empirical studies." LSE Review of Books "The more you read, the more you become aware that your view of crime is probably ill-judged and subjective, usually based on ignorance or a low-level desire to punish a hurt you think you�ve suffered� �Crime� is well worth the effort of reading."Tribune Magazine "Useful right through from first-year to Masters criminology and related disciplines, this book is, for me, the best short overview of the concept of crime on the market." Policing & Society "Much of the book is essentially introductory, providing a lucid and readable overview of the way that the concept of crime is used in a range of different disciplines or institutions. [�] However, running alongside this is a more complex argument which makes a real contribution to our understanding of the concept and its use."Lindsay Farmer, Criminology and Criminal Justice "[A] clear introductory textbook for social science undergraduates, which introduces some of the difficulties of the concept. [�] The structure of the book is very clear: each chapter approaches the debatable concept of crime from a different angle."The Weekly Worker "Reiner provides an impressive overview of the legal, criminological, philosophical, and sociological literature on the concept, inciting the reader to delve further into the existing research. Despite the complexity of the subject matter, Reiner characteristically presents it in a clear, lively, and highly-readable way, peppering his text with cultural references and interesting anecdotes."Emma Bell, The Howard Journal of Crime and Justice "Often defined as a one-dimensional concept, Reiner exposes the striking complexities of crime, while at the same time offering insight into how western society has attempted to operate without a general consensus on the topic. [�] For those unfamiliar with the history of the concept of crime and its role in Western Europe and America, this book provides a wealth of unbiased history, philosophical debates, and statistical evidence."Criminal Law and Criminal JusticeTable of ContentsIntroduction. Crime: Conundrums of a Common-Sense Concept Chapter One. Legal Conceptions of Crime Chapter Two. Moral Conceptions of Crime Chapter Three. Everybody�s Doing It: Social Conceptions of Crime and Deviance Chapter Four. How Do They Get Away With It? The Non-Criminalization of the Powerful Chapter Five. The Criminal Justice Process and Conceptions of Crime Chapter Six. Media, Crime and the Politics of Law and Order Chapter Seven. Whodunnit and Why? Criminological Conceptions of Crime Conclusion. Crime: A Capital Concept

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Book SynopsisDavid Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights.The initial chapter introduces the reader to the subject of constitutional law – what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examin

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Book SynopsisBauman examines several major themes and arguments in the first decade of critical legal scholarship, predominantly in the U.S. in the period dating roughly from the mid-1970s to the mid-1980s.

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Book SynopsisIn 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in War Crimes and the Culture of Peace that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these tr

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Book SynopsisA survey and analysis of what Shari'a, or Islamic law, means for Muslims today.Trade Review"The contributors to this volume present an important antidote, with in-depth analyses of some of the most important trends in legal thought in today's Muslim world."—John O. Voll, Islamic Law & Society"What Shari'a means to contemporary Muslims matters to non-Muslims as well. This volume enlightens everyone. It is at once scholarly and accessible, and informative in a deep and reliable way." —Gene Outka, Yale University"An important and illuminating anthology. This is no dry and pedantic read in the minutiae of arcane legal issues. These essays demonstrate that Shari'a is a living concern to Muslims around the world." —Sohail Hashmi, Mount Holyoke College"This important and timely volume helps bridge the gap between theoretical aspects of the law and its application in the modern world, and breaks new ground by paying close attention to both Shiite and Sunni uses of Islamic law. The authors, all experts in their fields, write with unusual clarity and precision to help us to understand the complex role of Islamic law in the Muslim world today.Itwill be a vital resource." —Jonathan E. Brockopp, Pennsylvania State UniversityTable of ContentsContents Chapter 1 Introduction Frank Griffel Chapter 2 Much Ado About Values: Justice in Modern Islamic Thought Gudrun Kr'mer Chapter 3 The Harmony of Natural Law and Shari'a in Islamist Theology Frank Griffel Chapter 4 Islamic Law and Legal Change: The Concept of Ma_la_a in Classical and Contemporary Legal Theory Felicitas Opwis Chapter 5 _All_l al-F_s_: Shari'a as Blueprint for Righteous Global Citizenship David L. Johnston Chapter 6 Shari'a and Islamic Democracy in the Age of al-Jazeera Noah Feldman Chapter 7 From ijtih_d to wil_yat al-faq_h : The Evolution of the Shi'ite Authority to Political Power Abbas Amanat Chapter 8 Shi'ite Theories of Social Contract Shahrough Akhavi Chapter 9 Shari'a and Constitution in Iran: A Historical Perspective Sa'd Amir Arjomand Chapter 10 The Normativity of the Factual On the Every Day Construction of Shari'a in a Yemeni Family Court Anna W'rth Chapter 11 Afterword Roy Mottahedeh Acknowledgments About the Authors Notes Index

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Book SynopsisA survey and analysis of what Shari'a, or Islamic law, means for Muslims today.Trade Review"The contributors to this volume present an important antidote, with in-depth analyses of some of the most important trends in legal thought in today's Muslim world."—John O. Voll, Islamic Law & Society"What Shari'a means to contemporary Muslims matters to non-Muslims as well. This volume enlightens everyone. It is at once scholarly and accessible, and informative in a deep and reliable way." —Gene Outka, Yale University"An important and illuminating anthology. This is no dry and pedantic read in the minutiae of arcane legal issues. These essays demonstrate that Shari'a is a living concern to Muslims around the world." —Sohail Hashmi, Mount Holyoke College"This important and timely volume helps bridge the gap between theoretical aspects of the law and its application in the modern world, and breaks new ground by paying close attention to both Shiite and Sunni uses of Islamic law. The authors, all experts in their fields, write with unusual clarity and precision to help us to understand the complex role of Islamic law in the Muslim world today.Itwill be a vital resource." —Jonathan E. Brockopp, Pennsylvania State UniversityTable of ContentsContents Chapter 1 Introduction Frank Griffel Chapter 2 Much Ado About Values: Justice in Modern Islamic Thought Gudrun Kr'mer Chapter 3 The Harmony of Natural Law and Shari'a in Islamist Theology Frank Griffel Chapter 4 Islamic Law and Legal Change: The Concept of Ma_la_a in Classical and Contemporary Legal Theory Felicitas Opwis Chapter 5 _All_l al-F_s_: Shari'a as Blueprint for Righteous Global Citizenship David L. Johnston Chapter 6 Shari'a and Islamic Democracy in the Age of al-Jazeera Noah Feldman Chapter 7 From ijtih_d to wil_yat al-faq_h : The Evolution of the Shi'ite Authority to Political Power Abbas Amanat Chapter 8 Shi'ite Theories of Social Contract Shahrough Akhavi Chapter 9 Shari'a and Constitution in Iran: A Historical Perspective Sa'd Amir Arjomand Chapter 10 The Normativity of the Factual On the Every Day Construction of Shari'a in a Yemeni Family Court Anna W'rth Chapter 11 Afterword Roy Mottahedeh Acknowledgments About the Authors Notes Index

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Book SynopsisTrade Review"The commentary is penetrating and illuminating as it draws on what is known and what is unknown about how words matter in law . . . As with her earlier books, passion and scholarship engage to provoke thought without being argumentative . . . Highly recommended."—J. Brigham, Choice"Our Word is Our Bond transforms how we think about law, about language, and above all about the inextricable interdependencies that enmesh them. Marianne Constable explores the sovereignty of language in and over law with insight, eloquence, erudition, subtlety and imagination."—Martin Krygier, University of New South Wales, Australia"Combining theory and case law, linguistics and jurisprudence, Our Word is Our Bond provides a uniquely sophisticated and dramatically accessible guide to the rhetoric of justice and the politics of judgment. Barack Obama's flubbed oath of office, Palsgraf v Long Island Railroad, the California Criminal Code are but a few of the diverse array of substantive examples that Constable subjects to coruscating critical disposition."—Peter Goodrich, Benjamin N. Cardozo Law School, Yeshiva University"To be commended here is Constable's excruciating attention to detail, something which is evidenced via her exacting dissections of the examples at hand and the four appendices which close the book...Constable's monograph is (in this author's opinion) a strong continuation of the legal scholarship and methodological development seen in her previous monograph"—Chris Lloyd, Feminist Legal StudiesTable of ContentsIntroduction: Obama's Oaths 1. How to Do Things with Law 2. Learning by the Rules 3. Legal Acts as Social Acts 4. When Words Go Wrong Conclusion: The Name of the Law

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Book SynopsisTrade Review"The commentary is penetrating and illuminating as it draws on what is known and what is unknown about how words matter in law . . . As with her earlier books, passion and scholarship engage to provoke thought without being argumentative . . . Highly recommended."—J. Brigham, Choice"Our Word is Our Bond transforms how we think about law, about language, and above all about the inextricable interdependencies that enmesh them. Marianne Constable explores the sovereignty of language in and over law with insight, eloquence, erudition, subtlety and imagination."—Martin Krygier, University of New South Wales, Australia"Combining theory and case law, linguistics and jurisprudence, Our Word is Our Bond provides a uniquely sophisticated and dramatically accessible guide to the rhetoric of justice and the politics of judgment. Barack Obama's flubbed oath of office, Palsgraf v Long Island Railroad, the California Criminal Code are but a few of the diverse array of substantive examples that Constable subjects to coruscating critical disposition."—Peter Goodrich, Benjamin N. Cardozo Law School, Yeshiva University"To be commended here is Constable's excruciating attention to detail, something which is evidenced via her exacting dissections of the examples at hand and the four appendices which close the book...Constable's monograph is (in this author's opinion) a strong continuation of the legal scholarship and methodological development seen in her previous monograph"—Chris Lloyd, Feminist Legal StudiesTable of ContentsIntroduction: Obama's Oaths 1. How to Do Things with Law 2. Learning by the Rules 3. Legal Acts as Social Acts 4. When Words Go Wrong Conclusion: The Name of the Law

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Book SynopsisThis volume explores the ways law both traffics in and regulates secrecy.Trade Review"Rather than fall into an easy rendering of law as either requiring transparency or secrecy, this volume reveals that this distinction is itself a false dichotomy. It points out the paradox that the very idea of transparency itself relies to some extent on keeping sources a secret, and treats the question of law and its relationship to secrecy with delicacy and sophistication."—James Martel, San Francisco State University"This compelling interdisciplinary volume raises the timely question of transparency in law and governance. Sarat, Douglas, and Umphrey deliver a rich, nuanced exploration in this new collection of essays that will prove useful for students of law, politics, and humanities."—Sara Murphy, New York University

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Book SynopsisDevelops an empirical analysis of the use of originalism in Supreme Court decisions to show how claimed adherence to originalism ultimately does not constrain ideological decisions.Trade Review"The Failed Promise of Originalism is more comprehensive than prior studies, and Cross presents his findings with admirable clarity and candor . . . The Failed Promise of Originalism largely succeeds in debunking the notion that originalism is comparatively more effective than its rivals at limited judicial discretion." -- John W. Compton * Tulsa Law Review *"Frank Cross demonstrates that originalism is no cure for judicial discretion. The Failed Promise of Originalism should explode the myth that originalism will constrain judges more than other constitutional theories." -- Daniel Farber, University of California"Cross offers the first monograph length, empirical investigation of the practice of originalism at the Supreme Court. The heart of the book is his answer to the question of whether originalism furthers 'the rule of law by constraining ideological judging' . . . Highly recommended." -- P. J. Jalie"Frank Cross's important book breaks new ground. Combining a deep understanding of originalism with sophisticated empirical analysis, The Failed Promise of Originalism challenges originalists to show that their theory can make a practical difference, and at the same time dispels the myth that originalist methods have a strong ideological valence in practice. Cross has produced a very rare commodity—a book that is a must read for both lawyers and political scientists." -- Lawrence Solum * Georgetown University *

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Book SynopsisProvides a penetrating analysis of US Supreme Court justice John McKinley. In providing the first in depth assessment of the life and Supreme Court career of Justice McKinley, Steven Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.Trade Review“Professor Steven Brown sets out to rehabilitate McKinley's reputation and historical legacy in this engaging and accessible biography. The portrait that emerges is one of a dedicated public servant and thoughtful jurist, a far cry from the surly and unimpressive caricature that has defined McKinley's modern-day perception. . . . [Brown] also provides a rare look into the workings of the antebellum Supreme Court, particularly the travails of circuit riding prior to the development of a robust interstate transportation infrastructure. . . . Brown persuasively argues that McKinley's career and legacy deserve another look.”—Harvard Law Review “Steven Brown's splendid new work is the only book-length account of the Alabama Justice's life and years of public service--not only as a Justice, but as a practicing attouney, state legislator, state university trustee, member of the U.S. House of Representatives, and U.S. Senator. The book refutes the usual assessment that McKinley was at best a very average jurist who failed to carry his share of the judicial burden and was unable to hold his own among his judicial colleagues.”—Journal of Supreme Court History “Students of southern history and Alabama history, as well as legal scholars and the state and national legal communities, will appreciate this longoverdue revision of Justice John McKinley’s historical reputation. With this book, Steven Brown has established himself as the authority on the life and times of Justice McKinley and, to a significant degree, the antebellum US Supreme Court.”—R. Volney Riser, author of Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890–1908

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Book SynopsisThis book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multi-racial democracy. The case law is coupled with analysis from a range of selected contributors.Trade Review"It is a major contribution to knowledge to make available in English to a wider world the path-breaking leading cases of the Constitutional Court of South Africa, and to organize these cases, as this book does, around the Kantian moral concept of dignity that plays such an important role both in the text of the South African Constitution and in the interpretive jurisprudence of the Constitutional Court of South Africa." -- -David A.J. Richards New York University

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Book SynopsisTable of ContentsIntroduction Marianne Constable, Leti Volpp, and Bryan Wagner, 1 Places 1. The Wild Life of Law: Domesticating Nature in the Bering Sea, c. 1893 Rebecca M. McLennan, 15 2. Before Emptiness: On the Destructiveness and Impotence of Law Samera Esmeir, 37 3. Spun Dry: Mobility and Jurisdiction in Northern Australia Daniel Fisher, 62 4. Signs of Authority in Indian Country Beth H. Piatote, 85 Membership 5. Signs of Law Leti Volpp, 103 6. After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding Sarah Song, 131 7. Secularism, Family Law, and Gender Inequality Saba Mahmood, 145 Religion 8. When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc. Wendy Brown, 169 9. Is There Jewish Law? The Case of Josephus Daniel Boyarin, 189 10. The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany Sara Ludin, 201 11. Looking for Law in The Confessions of Nat Turner Christopher Tomlins, 225 Performance 12. A Vigil at the End of the World Kathryn Abrams, 247 13. Invention and Process in Bilski Marianne Constable, 258 14. “Erudite Curiosity”: The Trial of Jean-Jacques Pauvert, Publisher of the Complete Works of the Marquis de Sade, Paris 1958 Ramona Naddaff, 273 15. The Trial of Romeo Rosebud Bryan Wagner, 287 List of Contributors, 299 Index, 303

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Book SynopsisTable of ContentsIntroduction Marianne Constable, Leti Volpp, and Bryan Wagner, 1 Places 1. The Wild Life of Law: Domesticating Nature in the Bering Sea, c. 1893 Rebecca M. McLennan, 15 2. Before Emptiness: On the Destructiveness and Impotence of Law Samera Esmeir, 37 3. Spun Dry: Mobility and Jurisdiction in Northern Australia Daniel Fisher, 62 4. Signs of Authority in Indian Country Beth H. Piatote, 85 Membership 5. Signs of Law Leti Volpp, 103 6. After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding Sarah Song, 131 7. Secularism, Family Law, and Gender Inequality Saba Mahmood, 145 Religion 8. When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v. Hobby Lobby Stores, Inc. Wendy Brown, 169 9. Is There Jewish Law? The Case of Josephus Daniel Boyarin, 189 10. The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany Sara Ludin, 201 11. Looking for Law in The Confessions of Nat Turner Christopher Tomlins, 225 Performance 12. A Vigil at the End of the World Kathryn Abrams, 247 13. Invention and Process in Bilski Marianne Constable, 258 14. “Erudite Curiosity”: The Trial of Jean-Jacques Pauvert, Publisher of the Complete Works of the Marquis de Sade, Paris 1958 Ramona Naddaff, 273 15. The Trial of Romeo Rosebud Bryan Wagner, 287 List of Contributors, 299 Index, 303

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Book SynopsisDespite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.Trade ReviewIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!' --Christoph Ann, Technische Universität München, Germany'All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.' --Christopher Heath, International Review of Intellectual Property and Competition LawTable of ContentsContents: Preface PART I: INTRODUCTION 1. Towards a History of Patent Law Brad Sherman PART II: PATENTS 2. Ordre Public and Morality Issues in Patent Eligibility Joseph Straus 3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent Lawyer Toshiko Takenaka with Martin J. Adelman 4. The Inventive Step and Cooperative Harmonization Amy L. Landers 5. Equitable Doctrines in International Patent Laws Jan Krauß PART III: COPYRIGHT 6. Tradition and Change: The Past and Future of Authors’ Moral Rights Mira T. Sundara Rajan 7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content Salil Mehra 8. The Dragon and the White Whale: Three Steps Test and Fair Use Frédéric Pollaud-Dulian 9. Fair Use: A Tale of Two Cities Sang Jo Jong PART IV: TRADEMARK AND UNFAIR COMPETITION 10. Passing Off and Unfair Competition Regimes Compared Mary LaFrance 11. Trade Dress Signe H. Naeve 12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems Gail E. Evans PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES 13. Extraterritorial Enforcement Marketa Trimble 14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook Christoph Rademacher PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP 15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms Shubha Ghosh 16. Employee Invention System: Comparative Law Perspective Toshiko Takenaka and Yves Reboul 17. Exhaustion of Intellectual Property Rights in the European Union Theo Bodewig PART VII: APPENDIX 18. The Patent Laws of Old Mario Franzosi Index

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Book SynopsisThis innovative volume offers a thorough breakdown of the issues surrounding takings compensation – payments made as reimbursement for government takeover of private property.Trade Review'This thought-provoking and skillfully executed book offers fresh theoretical and empirical insights into questions of eminent domain compensation. Chang's analysis of this interesting and important area is illuminating and sure to spark further dialogue.' --Lee Anne Fennell, University of Chicago Law School'Chang's book represents the state of the art in the legal, economic, and political analysis of compensation for physical takings. Writing with analytical skill and clarity, Chang makes a strong case for fair market value compensation with financial bonuses to properly incentivise assessors.' --Daniel L. Rubinfeld, University of California, Berkeley'Drawing upon both prior research and cutting-edge data, Private Property and Takings Compensation offers an evaluation of assorted compensation strategies that should prove invaluable particularly to government policymakers and litigators.' --The Midwest Book ReviewTable of ContentsContents: Foreword by Richard Epstein Introduction Part I: Theoretical Framework 1. A New Analytical Framework 2. Condemnors: Three Behavioral Theories 3. Condemnees: Four Types of Incentives 4. Four Assessment Methods Part II: Empirical Analysis 5. Taiwan 1977–2009 and Condemnors’ Incentives 6. Taiwan 1954–77 and Condemnees’ Incentives 7. Settled Compensation in New York City and the Power of Hedonic Regression Models 8. Adjudicated Compensation in New York City and the Failure of Appraisal Methods Conclusion References Index

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Book SynopsisA classic Marxist study of jurisprudence theory from Marxist heavyweight.Trade Review'If any one book is going to accelerate the development of a Marxist criminology, then this is it' -- New Society

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Book SynopsisTrade Review‘The radical nature of Michael Perry’s “agapaistic” conceptualization of human rights seems at once intuitive, but somehow to have eluded the vast majority of commentators, particularly those with a legal background. Students and seasoned scholars alike will benefit from this return to the foundational ideas and claims of the human rights idea.’ -- Dustin Sharp, University of San Diego, US‘Few scholars have understood the philosophy and application of human rights as well as Michael Perry. In this volume, with his customary clarity and care, Perry has boiled his insights down to their essence and demonstrated their utility in dealing with some of the most controversial moral issues of our time. It is a capstone work, indispensable reading for anyone who cares about the subject.’ -- Richard Kay, University of Connecticut, US‘All interested in human rights in both the international and US contexts should read this book. It is a creative treatment of legal and philosophical approaches. Perry’s stress on the spirit of solidarity as key to promoting human rights is a powerful contribution.’ -- David Hollenbach, Georgetown University, US‘Michael Perry’s lifelong project has been to give a philosophical account of human rights, beginning with its foundational basis and ending with specific prescriptions for controversial cases. His writing combines spectacular intellectual ambition, moral urgency, and rigor in a way that should be a model for all scholars.’ -- Andrew Koppelman, Northwestern University, USTable of ContentsContents: Introduction: Interrogating the morality of human rights – Introductory overview PART I THE MORALITY OF HUMAN RIGHTS 1. Preliminary questions 2. The most fundamental question: What justification, if any? PART II TWO FUNDAMENTAL HUMAN RIGHTS: MORAL EQUALITY AND MORAL FREEDOM 3. The human right to moral equality and the constitutional right to equal protection 4. The human right to moral freedom and the constitutional right of privacy PART III THREE HUMAN-RIGHTS-BASED CONTROVERSIES: CAPITAL PUNISHMENT, ABORTION, AND SAME-SEX MARRIAGE 5. Capital punishment as a contested human rights issue 6. Criminalizing abortion as a contested human rights issue 7. Excluding same-sex couples from civil marriage as a contested human rights issue 8. Who decides? PART IV ANTIPOVERTY RIGHTS—AND VULNERABILITY THEORY 9. Poverty as a human rights issue 10 Vulnerability theory and the morality of human rights: Complementary, not competitive Conclusion: Human rights inflation? Extreme economic inequality and global warming as human rights issues Appendix. Index

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Book SynopsisTrade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index

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Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index

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Book SynopsisThis Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.Trade Review‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’ -- The Hon Justice Dennis Davis, The South African Law Journal‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’ -- William Clare Roberts, McGill University, Canada‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’ -- Marcello Musto, York University, CanadaTable of ContentsContents: 1 Introduction to the Research Handbook on Law and Marxism 1 Paul O’Connell and Umut Özsu PART I MARX AND THE MARXIST TRADITION 2 Legal and illegal political tactics in Marxist political theory 6 Clyde W Barrow 3 Marx on the Factory Acts: Law, exploitation, and class struggle 21 Daniel McLoughlin and Talina Hürzeler 4 ‘Putting weapons into the hands of the proletariat’: Marx on the contradiction between capitalism and liberal democracy 35 August H Nimtz 5 Marx’s concept of dictatorship 61 Cosmin Sebastian Cercel 6 Revolution, Lenin, and law 77 Michael Head 7 Marx, Engels, Lenin, and the right of peoples to self-determination in international law 98 Bill Bowring 8 Pashukanis’ commodity-form theory of law 115 Matthew Dimick 9 Thinking in a Gramscian way: Reflections on Gramsci and law 139 Pablo Ciocchini and Stéfanie Khoury 10 Poulantzas’ changing views on law and the state 156 Bob Jessop 11 The state as social relation: Poulantzas on materiality and political strategy 173 Rafael Khachaturian PART II CONTEMPORARY MARXIST ANALYSIS OF LAW, RIGHTS AND THE STATE 12 Marx’s critique and the constitution of the capitalist state 190 Rob Hunter 13 Marx and critical constitutional theory 209 Nimer Sultany 14 The reproduction of moral economies in capitalism: Reading Thompson structurally 242 Nate Holdren 15 Law and the state in Frankfurt School critical theory 261 Chris O’Kane 16 Feminist materialism and the laws of social reproduction 283 Miriam Bak McKenna 17 Marxism, labour and employment law, and the limits of legal reform in class society 299 Ahmed White 18 Karl Marx, Douglass North, and postcolonial states: The relation between law and development 319 BS Chimni 19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and international law 335 Radha D’Souza 20 Taking political economy seriously: Grundriss for a Marxist analysis of international law 356 Rémi Bachand 21 From class-based project to imperial formation: European Union law and the reconstruction of Europe 375 Eva Nanopoulos PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS 22 From free time to idle time: Time, work-discipline, and the gig economy 400 Rebecca Schein 23 Greening anti-imperialism and the national question 421 Max Ajl 24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444 Enzo Bello, Gustavo Capela, and Rene José Keller 25 The poetry of the future: Law, Marxism, and social change 458 Paul O’Connell 26 Nomocratic social change: Reassessing the transformative potential of law in neoliberal times 477 Honor Brabazon 27 Beyond fetishism and instrumentalism: Rethinking Marxism and law under neoliberalism 497 Igor Shoikhedbrod 28 Law and the socialist ideal 512 Christine Sypnowich 29 Marx on law and method 529 Natalia Delgado 30 Principles for a dialectical-materialist analysis of law and the state 544 Dimitrios Kivotidis Index

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Book SynopsisThis groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.Trade Review‘Standing on top of Mount Olympus as well as in the valley below, over the last decade or so Jean d’Aspremont has been creating a genre all his own, best seen as ‘confessional phenomenology’ perhaps. He is not unique in looking at what (mostly academic) international lawyers do, but where others look at how international lawyers contribute to justice or injustice, oppression or emancipation, d’Aspremont turns his gaze inward, reflecting on what drives those international lawyers, including (and occasionally especially) himself. The result, here as elsewhere, is insightful and sometimes infuriating, eye-opening and occasionally trivial, with lots of ideas to explore and some to disagree with. In other words, The Experiences of International Organizations is vintage d’Aspremont.’ -- Jan Klabbers, University of Helsinki, Finland‘The phenomenological approach to law fits in with the latest scholarly insights and trends. It is therefore timely to provide a subjective, experiential perspective on what is perceived by many as the sturdiest and most objective of all legal occurrences: the international organisation. This book carefully lays out such a phenomenological perspective, with the author’s signature combination of eloquence and analytical rigour. A must-read for anyone who wishes to keep ahead in international (institutional) law scholarship.’ -- Catherine Brölmann, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface viii Introduction: A phenomenological approach to international institutional law 1 The experience of affection 2 The experience of insulation 3 The experience of edification 4 The experience of restriction 5 The experience of reconciliation Epilogue Bibliography Index

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Book SynopsisTrade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index

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Book SynopsisTrade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index

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Book SynopsisThe articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars Trade Review"This is an outstanding collection of essays on the most important, fundamental concepts of law and legal theory.... Recommended for any undergraduate student in this area or for any thinking person who wants to know more about the law and its reasons for being." (M/C Reviews, February 2011)Table of ContentsList of Contributors xi Preface xiv Introduction 1 Part I: Areas of Law 7 1 Property Law 9Jeremy Waldron 2 Contract 29Peter Benson 3 Tort Law 64Stephen R. Perry 4 Criminal Law 90Leo Katz 5 Public International Law 103Philip Bobbitt 6 Constitutional Law and Religion 119Perry Dane 7 Constitutional Law and Interpretation 132Philip Bobbitt 8 Constitutional Law and Privacy 145Anita L. Allen 9 Constitutional Law and Equality 160Maimon Schwarzschild 10 Evidence 177John Jackson and Sean Doran 11 Interpretation of Statutes 188William N. Eskridge, Jr. 12 Confl ict of Laws 197Perry Dane Part II: Contemporary Schools and Perspectives 209 13 Natural Law Theory 211Brian Bix 14 Legal Positivism 228Jules L. Coleman and Brian Leiter 15 American Legal Realism 249Brian Leiter 16 Critical Legal Studies 267Guyora Binder 17 Postrealism and Legal Process 279Neil Duxbury 18 Feminist Jurisprudence 290Patricia Smith 19 Law and Economics 299Jon Hanson, Kathleen Hanson, and Melissa Hart 20 Legal Formalism 327Ernest J. Weinrib 21 German Legal Philosophy and Theory in the Nineteenth and Twentieth Centuries 339Alexander Somek 22 Marxist Theory of Law 350Alan Hunt 23 Deconstruction 361Jack M. Balkin 24 Law and Society 368Brian Z. Tamanaha 25 Postmodernism 381Dennis Patterson 26 Kantian Legal Philosophy 392Arthur Ripstein 27 Legal Pragmatism 406Richard Warner Part III: Topics and Disciplines 415 28 Law and Its Normativity 417Roger A. Shiner 29 Law and Literature 446Thomas Morawetz 30 The Duty to Obey the Law 457M. B. E. Smith 31 Legal Enforcement of Morality 467Kent Greenawalt 32 Indeterminacy 479Lawrence B. Solum 33 Precedent 493Larry Alexander 34 Punishment and Responsibility 504George P. Fletcher 35 Loyalty 513George P. Fletcher 36 Coherence 521Ken Kress 37 The Welfare State 539Sanford Levinson 38 Legal Scholarship 548Edward L. Rubin 39 Authority of Law 559Vincent A. Wellman 40 Analogical Reasoning 571Jefferson White 41 Risk 578John Oberdiek 42 Regulatory Theory 590Matthew D. Adler 43 Methodology 607Andrew Halpin 44 Overcriminalization 621Douglas Husak 45 Intention 632Kimberly Kessler Ferzan 46 Coercion 642Grant Lamond 47 Unjust Enrichment 654Ernest J. Weinrib 48 The Ideal of the Rule of Law 666Andrei Marmor Index 675

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Book SynopsisPhilosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory Table of ContentsPreface. Source Acknowledgments. Introduction. Part I: Legal Reasoning. Introduction. 1. An Introduction to Legal Reasoning (Edward H. Levi). 2. Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed (Karl N. Llewellyn). 3. Formalism (Frederick Schauer). 4. Incompletely Theorized Agreements (Cass R. Sunstein). 5. Custom, Opinio Juris, and Consent (Larry May). 6. Lochner v. New York (1905). Part II: Jurisprudence. Introduction. 7. The Concept of Law (H. L. A. Hart). 8. The Model of Rules I (Ronald Dworkin). 9. Law as Justice (Michael S. Moore). 10. The Economic Approach to Law (Richard A. Posner). 11. The Distinction between Adjudication and Legislation (Duncan Kennedy). 12. Critical Race Theory: The Key Writings that Formed the Movement (Kimberlé Crenshaw, Neil Gotanda, Gary Peller, Kendall Thomas). 13. Feminist Legal Critics: The Reluctant Radicals (Patricia Smith). 14. Riggs v. Palmer (1889). Part III: International Law. Introduction. 15. International Law (H. L. A. Hart). 16. The Nature of Jus Cogens (Mark W. Janis). 17. A Philosophy of International Law (Fernando R. Tesón). 18. The Limits of International Law (Jack L. Goldsmith, Eric A. Posner). 19. The Internal Legitimacy of Humanitarian Intervention (Allen Buchanan). 20. Humanitarian Intervention: Problems of Collective Responsibility (Larry May). 21. Humanitarian Intervention: Some Doubts (Burleigh Wilkins). 22. Prosecutor v. Tadić (1995). Part IV: Property. Introduction. 23. Of Property (John Locke). 24. Locke's Theory of Acquisition (Robert Nozick). 25. Property, Title, and Redistribution (A. M. Honoré). 26. Philosophical Implications (Richard A. Epstein). 27. The Social Structure of Japanese Intellectual Property Law (Dan Rosen, Chikako Usui). 28. Historical Rights and Fair Shares (A. John Simmons). 29. International News Service v. Associated Press (1918). Part V: Torts. Introduction. 30. Causation and Responsibility (H. L. A. Hart, A. M. Honoré). 31. Sua Culpa (Joel Feinberg). 32. Fairness and Utility in Tort Theory (George P. Fletcher). 33. Tort Liability and the Limits of Corrective Justice (Jules L. Coleman). 34. A Theory of Strict Liability (Richard A. Epstein). 35. The Question of a Duty to Rescue in Canadian Tort Law: An Answer From France (Mitchell McInnes). 36. Tarasoff v. Regents of University of California (1976). Part VI: Criminal Law. Introduction. 37. On Liberty (John Stuart Mill). 38. The Enforcement of Morals (Patrick Devlin). 39. Crime and Punishment: An Indigenous African Experience (Egbeke Aja). 40. The Mind and the Deed (Anthony Kenny). 41. Between Impunity and Show Trials (Martti Koskenniemi). 42. Atrocity, Punishment, and International Law (Mark Drumbl). 43. Defending International Criminal Trials (Larry May). 44. Opening Statement before the International Military Tribunal (1945) (Justice Robert H. Jackson). Part VII: Contracts. Introduction. 45. Of the First and Second Natural Laws, and of Contracts (Thomas Hobbes). 46. The Practice of Promising (P. S. Atiyah). 47. Contract as Promise (Charles Fried). 48. Legally Enforceable Commitments (Michael D. Bayles). 49. Unconscionability and Contracts (Alan Wertheimer). 50. South African Contract Law: The Need for a Concept of Unconscionability (Lynn Berat). 51. Williams v. Walker-Thomas Furniture Co. (1965). Part VIII: Constitutional Law. Introduction. 52. Constitutional Cases (Ronald Dworkin). 53. Does the Constitution Mean What It Always Meant? (Stephen R. Munzer, James W. Nickel). 54. What’s Wrong with Chinese Rights? Toward a Theory of Rights with Chinese Characteristics (R. P. Peerenboom). 55. Poverty and Constitutional Justice: The Indian Experience ( Jeremy Cooper). 56. Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland (Rory O'Connell). 57. Peremptory Norms as International Public Order (Alexander Orakhelashvili). 58. The Gender of Jus Cogens (Hilary Charlesworth and Christine Chinkin). 59. Plessy v. Ferguson (1892).

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Book SynopsisOriginally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.Table of ContentsI. Philosophy as JurisprudenceII. PlatoIII. AristotleIV. CiceroV. AquinasVI. Francis BaconVII. HobbesVIII. SpinozaIX. LeibnizX. LockeXI. HumeXII. KantXIII. FichteXIV. HegelXV. Jurisprudence as PhilosophyIndex of Proper NamesIndex of Subjects

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Book SynopsisThe Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena.Trade Review'Larwin Armstrong is to be praised for providing us with a valuable scholarly edition of Gerard's influential work.' -- Stephen H. Rigby Economic History Review vol 69:04:2016Table of ContentsPreface and Acknowledgements Introduction Abbreviations Edition Quaestio de usura Tractatus de restitution Quaestio de praescriptione Translation A Question on Usury A Treatise on Restitution A Question on Prescription Bibliography

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Book SynopsisKamari Maxine Clarke explores the African Union's pushback against the International Criminal Court in order to theorize affect's role in shaping forms of justice.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a signifi­cant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337

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Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School

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Book SynopsisIn Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This temporal justice is examined in ten controversial casesTrade Review"Justice Back and Forth: Duties to the Past and Future provides an excellent overview of issues faced when thinking about temporal justice. By addressing interesting and somewhat well-known problems, Richard Vernon exposes the reader to the current academic theory and literature on the topic, and adeptly links together considerations and solutions for both past and future conceptions of temporal justice." -- Brad Smith * Saskatchewan Law Review *"Embracing several philosophical sub-disciplines—political philosophy, ethics, and applied ethics – this book is an excellent exploration of the complexities of philosophical topics that are not often thought of together." -- Christine Overall, Queen's University * Journal of Moral Philosophy, vol 16 *Table of ContentsIntroduction Part I: Looking Back 1. Should We Worry About Presentism? 2. The Question of [Anyone's] Guilt: Collective Liability to Punishment 3. For Benefits Received 4. Giving Back: The Case of Stolen Art 5. Bad Memories Part II: Going Forth 6. The Prior Question: Assessing the Benatar Thesis 7. Coming to Terms with Yoder 8. Only Egalitarians May Have Children 9. If the Future is a Foreign Country... 10. The Rights of Past and Future Persons Conclusion

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Book SynopsisThe law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.Table of ContentsIntroduction: Setting the Scene of the Law School and the Discipline 1. Theories of Decolonisation or to Break All the Tables and Create the World Necessary for Us All to Survive 2. What Have You Done, Where Have You Been, Euro-Modern Legal Academe? Uncovering the Bones of Law’s Colonial Ontology 3. Defining the Law’s Subject I: (Un)Making the Wretched of the Earth 4. Defining the Law’s Subject II: Law and Creating the Sacrifice Zones of Colonialism 5. Defining the Law’s Subject III: Law, Time, and Colonialism’s Slow Violence 6. The Law School: Colonial Ground Zero – A Colonial Convergence in the Human and Space–Time Conclusion: Another University Is Necessary to Take Us towards Pluriversal Worlds

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Book SynopsisThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.Table of ContentsIntroduction Chapter 1: What’s Wrong with Aristotle? Chapter 2: Problematizing Aristotle: Renovating and Remodeling Traditional Legal Rhetoric Chapter 3: Shifting the Focus from the West Chapter 4: Multicultural Rhetorics Chapter 5: Reproducing the Canon, Reproducing Inequity (Traditional Rhetoric) Chapter 6: Interrupting the Canon Chapter 7: Disrupting the Canon: Multicultural Rhetorical Strategies in Action

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Book SynopsisThis book engages with the politics of social and environmental justice, and seeks new ways to think about the future of urbanization in the twenty-first century. It establishes foundational concepts for understanding how space, time, place and nature - the material frames of daily life - are constituted and represented through social practices, not as separate elements but in relation to each other. It describes how geographical differences are produced, and shows how they then become fundamental to the exploration of political, economic and ecological alternatives to contemporary life. The book is divided into four parts. Part I describes the problematic nature of action and analysis at different scales of time and space, and introduces the reader to the modes of dialectical thinking and discourse which are used throughout the remainder of the work. Part II examines how "nature" and "environment" have been understood and valued in relation to processes of social change and seeks, from this basis, to make sense of contemporary environmental issues. Part III, is a wide-ranging discussion of history, geography and culture, explores the meaning of the social "production" of space and time, and clarifies problems related to "otherness" and "difference". The final part of the book deploys the foundational arguments the author has established to consider contemporary problems of social justice that have resulted from recent changes in geographical divisions of labor, in the environment, and in the pace and quality of urbanization. Justice, Nature and the Geography of Difference speaks to a wide readership of students of social, cultural and spatial theory and of the dynamics of contemporary life. It is a convincing demonstration that it is both possible and necessary to value difference and to seek a just social order.Trade Review Table of ContentsThoughts for a Prologue. Introduction. Part I: Orientations. 1. Militant Particularism and Global Ambition. 2. Dialectics. 3. A Cautionary Tale on Internal Relations. 4. The Dialectics of Discourse. 5. Historical Agency and the Loci of Social Change. Part II: The Nature of Environment. Prologue. 6. The Domination of Nature and its Discontents. 7. Valuing Nature. 8. The Dialectics of Social and Environmental Change. Part III: Space, Time and Place. Prologue. 9. The Social Construction of Space and Time. 10. The Currency of Space-Time. 11. From Space to Place and Back Again. Part IV: Justice, Difference and Politics. Prologue. 12. Class Relations, Social Justice and the Political Geography of Difference. 13. The Environment of Justice. 14. Possible Urban Worlds. Thoughts for an Epilogue. Bibliography. Index.

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Book SynopsisClimate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice s starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.'- J.B. Ruhl, Vanderbilt University Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. YuTrade ReviewThe book will be a sought after reference work in libraries worldwide. . . has an excellent index and has been scrupulously edited. It will serve as a useful reference for students and professors teaching indigenous peoples' rights and climate change. - --Paul Havemann, Journal of Environmental LawTable of ContentsContents: Foreword Stacy Leeds PART I: INTRODUCTORY CONTEXT AND PRINCIPLES 1. Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples Randall S. Abate and Elizabeth Ann Kronk 2. Introduction to International and Domestic Climate Change Regulation Deepa Badrinarayana 3. Introduction to Indigenous Peoples’ Status and Rights under International Human Rights Law Lillian Aponte Miranda 4. Introduction to Indigenous Sovereignty under International and Domestic Law Eugenia Charles-Newton and Elizabeth Ann Kronk 5. Climate Change and Indigenous Peoples: Comparative Models of Sovereignty Rebecca Tsosie 6. Indigenous Environmental Knowledge and Climate Change Adaptation Maxine Burkett PART II: GLOBAL PERSPECTIVES International Organizations 7. REDD+: Its Potential to Melt the Glacial Resistance to Recognize Human Rights and Indigenous Peoples’ Rights at the World Bank Leonardo A. Crippa South America 8. REDD+ and Indigenous Peoples in Brazil Andrew Long 9. REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries Philomena Kebec Lower 48 States of the United States of America 10. Natural Resource Development and Indigenous Peoples Sarah Krakoff and Jon-Daniel Lavallee 11. Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies Judith V. Royster Arctic 12. Canadian Indigenous Peoples and Climate Change: The Potential for Arctic Land Claims Agreements to Address Changing Environmental Conditions Sophie Thériault 13. America’s Arctic: Climate Change Impacts on Indigenous Peoples and Subsistence Peter Van Tuyn 14. The Saami Facing the Impacts of Global Climate Change Irina L. Stoyanova 15. Complexities of Addressing the Impacts of Climate Change on Indigenous Peoples through International Law Petitions: A Case Study of the Inuit Petition to the Inter-American Commission on Human Rights Hari M. Osofsky Pacific Island Nations 16. Climate Change, Legal Governance and the Pacific Islands: An Overview Erika J. Techera 17. Fiji: Climate Change, Tradition and Vanua Victoria Sutton 18. Islands in the Stream: Addressing Climate Change from a Small Island Developing State Perspective Clement Yow Mulalap 19. The Rising Tide of International Climate Litigation: An Illustrative Hypothetical of Tuvalu v. Australia Keely Boom Asia 20. The Impacts of Climate Change on Indigenous Populations in China and Legal Remedies Wenxuan Yu, Jingjing Liu and Po Dong 21. Changing Climate and Changing Rights: Exploring Legal and Policy Frameworks for Indigenous Mountain Communities in Nepal to Face the Challenges of Climate Change J. Mijin Cha Australia and New Zealand 22. Climate Change Impacts to Aboriginal and Torres Strait Islander Communities in Australia Megan Davis 23. Negotiating Climate Change: Māori, the Crown and New Zealand’s Emission Trading Scheme Naomi Johnstone Africa 24. Climate Change, Law and Indigenous Peoples in Kenya: Ogiek and Maasai Narratives Patricia Kameri-Mbote and Elvin Nyukuri Index

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Book SynopsisAlthough the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. This title contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models and then turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. It presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important.Trade Review‘A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.’ -- Daniel A. Farber, University of California at Berkeley, USTable of ContentsContents: Acknowledgements Introduction Lee Anne Fennell and Richard H. McAdams PART I FAIRNESS PREFERENCES AND CONSEQUENCES: POSITIVE ANALYSIS A Fairness Preferences and Beliefs 1. Matthew Rabin (1993), ‘Incorporating Fairness into Game Theory and Economics’ 2. Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis and Richard McElreath (2001), ‘In Search of Homo Economicus: Behavioral Experiments in 15 Small-Scale Societies’ 3. Pamela Jakiela (2011), ‘Social Preferences and Fairness Norms as Informal Institutions: Experimental Evidence’ 4. Armin Falk and Urs Fischbacher (2006), ‘A Theory of Reciprocity’ 5. Jeffrey P. Carpenter (2007), ‘The Demand for Punishment’ 6. Armin Falk, Ernst Fehr and Urs Fischbacher (2008), ‘Testing Theories of Fairness—Intentions Matter’ 7. Alberto Alesina and George-Marios Angeletos (2005), ‘Fairness and Redistribution’ B Consequences of Fairness and Unfairness 1. Effects on Prices, Bargaining and Settlement 8. Daniel Kahneman, Jack L. Knetsch and Richard Thaler (1986), ‘Fairness as a Constraint on Profit-Seeking: Entitlements in the Market’ 9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’ 10. Amy Farmer and Paul Pecorino (2004), ‘Pretrial Settlement with Fairness’ 2. Effects on Legal Compliance 11. Tom R. Tyler (1997), ‘Procedural Fairness and Compliance with the Law’ 12. Bruno S. Frey, Matthias Benz and Alois Stutzer (2004), ‘Introducing Procedural Utility: Not Only What, but Also How Matters’ 13. Marius van Dijke and Peter Verboon (2010), ‘Trust in Authorities as a Boundary Condition to Procedural Fairness Effects on Tax Compliance’ 14. Richard H. McAdams (2010), ‘Economic Costs of Inequality’ PART II. RECONCILING FAIRNESS AND EFFICIENCY: NORMATIVE ANALYSIS A. Frameworks and Tradeoffs 15. Amartya Sen (1996), ‘On the Foundations of Welfare Economics: Utility, Capability, and Practical Reason’ 16. Kenneth J. Arrow (1979), ‘The Trade-off Between Growth and Equity’ 17. Elizabeth Anderson (2008), ‘How Should Egalitarians Cope with Market Risks?’ B The ‘Fairness versus Welfare’ Debate 18. Louis Kaplow and Steven Shavell (1999), ‘The Conflict between Notions of Fairness and the Pareto Principle’ 19. Louis Kaplow and Steven Shavell (2001), ‘Any Non‐Welfarist Method of Policy Assessment Violates the Pareto Principle’ 20. Richard Craswell (2003), ‘Kaplow and Shavell on the Substance of Fairness’ 21. Jeremy Waldron (2003), ‘Locating Distribution’ 22. Lewis A. Kornhauser (2003), ‘Preference, Well‐Being, and Morality in Social Decisions’ 23. Louis Kaplow and Steven Shavell (2003), ‘Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice’ 24. Gillian K. Hadfield (2005), ‘Feminism, Fairness, and Welfare: An Invitation to Feminist Law and Economics’ C Redistributing Through Taxes versus Legal Rules 25. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 26. Christine Jolls (1998), ‘Behavioral Economics Analysis of Redistributive Legal Rules’ 27. Chris William Sanchirico (2000), ‘Taxes versus Legal Rules as Instruments for Equity: A More Equitable View’ 28. Louis Kaplow and Steven Shavell (2000), ‘Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income’ PART III. SELECTED APPLICATIONS A. Fairness and Efficiency in Policy Design 29. H. Peyton Young (1995), ‘Dividing the Indivisible’ 30. Matthew D. Adler (2008), ‘Risk Equity: A New Proposal’ 31. David Weisbach and Cass R. Sunstein (2009), ‘Climate Change and Discounting the Future: A Guide for the Perplexed’ B. Fairness and Efficiency Across Doctrinal Areas 1. Tax Policy 32. Boris I. Bittker (1979), ‘Equity, Efficiency, and Income Tax Theory: Do Misallocations Drive Out Inequities?’ 2. Property 33. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law’ 3. Contracts 34. Ernst Fehr, Oliver Hart and Christian Zehnder (2011), ‘Contracts as Reference Points – Experimental Evidence’ 4. Torts 35. Henrik Lando (1997), ‘An Attempt to Incorporate Fairness into an Economic Model of Tort Law’ 5. Criminal Law 36. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Fairness of Sanctions: Some Implications for Optimal Enforcement’ 6. Family Law 37. Jon Elster (1987), ‘Solomonic Judgments: Against the Best Interests of the Child’

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