Methods, theory and philosophy of law Books
Edward Elgar Publishing Ltd Efficiency in Law and Economics
Book SynopsisThis collection brings together the key papers in the area of efficiency in law and economics. Alongside an original introduction, the collection covers the applications of economic efficiency to law and the limitations and morality of efficiency. This important book will appeal to anyone interested in the underlying welfare theory relating to the use of economics in law, examining both the history and impact of the theory, as well as its deficiencies.Table of ContentsContents: Acknowledgements Introduction The Development of Economic Efficiency in Law - Richard O. Zerbe Jr. PART I APPLICATIONS OF ECONOMIC EFFICIENCY TO LAW 1. Arnold C. Harberger (1971), ‘Three Basic Postulates for Applied Welfare Economics: An Interpretive Essay’ 2. Steven Shavell (1981), ‘A Note on Efficiency vs. Distributional Equity in Legal Rulemaking: Should Distributional Equity Matter Given Optimal Income Taxation?’ 3. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 4. Jonathan R. Macey and Maureen O’Hara (1999), ‘Regulating Exchanges and Alternative Trading Systems: A Law and Economics Perspective’ 5. Ugo Mattei (1994), ‘Efficiency in Legal Transplants: An Essay in Comparative Law and Economics’ 6. Alan Schwartz and Joel Watson (2004), ‘The Law and Economics of Costly Contracting’ PART II LIMITATIONS OF EFFICIENCY 7. Robert D. Cooter (1987), ‘Liberty, Efficiency, and Law’ 8. Homer Kripke (1985), ‘Law and Economics: Measuring the Economic Efficiency of Commercial Law in a Vacuum of Fact’ 9. Mario J. Rizzo (1979-1980), ‘The Mirage of Efficiency’ PART III UTILITARIANISM AND WEALTH MAXIMIZATION 10. Richard A. Posner (1979), ‘Utilitarianism, Economics, and Legal Thought’ 11. Anthony T. Kronman (1980), ‘Wealth Maximization as a Normative Principle’ 12. Richard A. Posner (1985), ‘Wealth Maximization Revisited’ PART IV MORALITY OF EFFICIENCY 13. Richard O. Zerbe, Jr. (2007), ‘The Legal Foundation of Cost-Benefit Analysis’ 14. Mark D. White (2006), ‘A Kantian Critique of Neoclassical Law and Economics’ 15. Russell Hardin (1992), ‘The Morality of Law and Economics’ 16. Richard O. Zerbe, Jr. (2006), ‘Justice and the Evolution of Common Law’ PART V OTHER CONCEPTS OF EFFICIENCY 17. John Rawls (1958), ‘Justice as Fairness’ 18. Amartya Sen (1993), ‘Capability and Well-Being’ 19. Guido Calabresi (1991), ‘The Pointlessness of Pareto: Carrying Coase Further’ 20. Jonathan Klick and Francesco Parisi (2004), ‘Wealth, Utility, and the Human Dimension’ 21. Richard O. Zerbe, Jr. (1998), ‘Response: An Integration of Equity and Efficiency’
£290.00
Edward Elgar Publishing Ltd Research Handbook on the Theory and Practice of
Book Synopsis'A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.' - Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The Editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.Contributors: M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernández, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. WoodwardTrade ReviewIf any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today. --Jacob Katz Cogan, University of Cincinnati College of LawBased on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international law-making. They do so by studying the various sources of international law; the role of a multitude of possible law-makers, and by exploring several deeply regulated branches of international law. The result is a very useful handbook on how and by whom international law is made. --Jan Klabbers, University of Helsinki, FinlandDespite much recent scholarly attention, the ''making of international law'' remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research. --Christian J. Tams, University of Glasgow, UKTable of ContentsContents: Preface Introduction: International Lawmaking in a Global World Catherine Brölmann and Yannick Radi PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING 1. State Consent as Foundational Myth Wouter G. Werner 2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating Processes Jean d’Aspremont 3. Transnational Lawmaking Dennis Patterson 4. Contemporary Theories and International Lawmaking Ingo Venzke PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING 5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts Kirsten Schmalenbach 6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in Practice Daniel Costelloe and Malgosia Fitzmaurice 7. The Emergence of Customary International Law: Between Theory and Practice Omri Sender and Michael Wood 8. Relying on General Principles in International Law Beatrice I. Bonafé and Paolo Palchetti PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE 9. Institutional Lawmaking: The Emergence of a Global Normative Web Ramses A. Wessel 10. International Judicial Lawmaking Gleider I. Hernández 11. Domestic Judicial Lawmaking Antonios Tzanakopoulos 12. Quasi-Judicial Bodies Mara Tignino 13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation Michael S. Barr 14. International Lawmaking and Civil Society Barbara K. Woodward 15. Lawmaking by Scholars Jörg Kammerhofer PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS 16. The Making of International Human Rights Law Vassilis P. Tzevelekos 17. The Making of International Criminal Law Sergey Vasiliev 18. The Making of International Trade Law Mary E. Footer 19. The Making of International Environmental Law Francesca Romanin Jacur 20. The Making of International Natural Resources Law Owen McIntyre Index
£210.00
Edward Elgar Publishing Ltd Legal Thought and Philosophy: What Legal
Book SynopsisThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated 'We'. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.'- Bernhard Waldenfels, Ruhr-University Bochum, GermanyLegal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.Addressing advanced students in law and philosophy, this key book:- bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)- develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between 'we' and 'the others'- presents a systematic account of normativity and validity- explains in what sense law is 'doing things with rules'.Contents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography IndexTrade Review‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’ -- Bernhard Waldenfels, Ruhr-University Bochum, GermanyTable of ContentsContents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography Index
£109.00
Edward Elgar Publishing Ltd Legal Thought and Philosophy: What Legal
Book SynopsisThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated 'We'. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.'- Bernhard Waldenfels, Ruhr-University Bochum, GermanyLegal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.Addressing advanced students in law and philosophy, this key book:- bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)- develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between 'we' and 'the others'- presents a systematic account of normativity and validity- explains in what sense law is 'doing things with rules'.Contents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography IndexTrade Review‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’ -- Bernhard Waldenfels, Ruhr-University Bochum, GermanyTable of ContentsContents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography Index
£35.10
Edward Elgar Publishing Ltd The Moral Dimensions of Intellectual Property
Book SynopsisIntellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book.Steven Ang builds his idea that the justification for IPRs is bound up with a simultaneous duty to share part of that intellectual resource through public rights of access and a public domain which is facilitated by the moral elements in the various dimensions of IPR.In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the moral commitments they imply and rely on, to identify a framework for further development and reform of IP regimes.The Moral Dimensions of Intellectual Property Rights will strongly appeal to researchers and academics in intellectual property, jurisprudence, policy makers concerned with IP rights, as well as general readers with a concern for the extent, growth and reform of IP rights.Contents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography IndexTrade ReviewProfessor Ang's thoughtful book is the first comprehensive analysis of the philosophic underpinnings of the morality clauses contained in the principal IPR statutes. Morality issues in intellectual property are becoming increasingly important as a consequence of the recent debates over access to proprietary medicines, the implications of DNA patenting for medical treatment and the impact of IPRs on food security. Professor Ang's book provides an important touchstone for consideration of these issues. --Michael Blakeney, University of Western AustraliaTable of ContentsContents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography Index
£111.00
Edward Elgar Publishing Ltd Empirical Legal Research: A Guidance Book for
Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index
£115.00
Edward Elgar Publishing Ltd Economic Models of Law
Book SynopsisThe economic approach to law relies on the use of economic models, mostly mathematical, for understanding the nature and function of law. The articles in this collection reflect state-of-the-art modeling techniques and explore how to use these to both formulate important questions and resolve particular legal issues. Following an original introduction by the editors, the volume spans the many sub-areas of law and economics (with papers in torts, contracts, property, crime, and legal procedure) and includes a wide range of papers, incorporating classics and some less well-known papers.Economic Models of Law will be an invaluable resource for active scholars as well as an inspiration for the next generation of modelers.Trade Review‘The extent of the research and co-ordination required to produce a scholarly compilation like this is astounding. There is little doubt that this book will make life just a touch easier for students and academics in economics and law, as well as, yes, modellers.’ -- The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction Thomas J. Miceli and Matthew J. Baker PART I GENERAL 1. Robert Cooter (1985), ‘Unity in Tort, Contract, and Property: The Model of Precaution’ 2. Donald Wittman (1981), ‘Optimal Pricing of Sequential Inputs: Last Clear Chance, Mitigation of Damages, and Related Doctrines in the Law’ PART II TORTS 3. A. Mitchell Polinsky and William P. Rogerson (1983), ‘Products Liability, Consumer Misperceptions, and Market Power’ 4. Steven Shavell (1984), ‘A Model of the Optimal Use of Liability and Safety Regulation’ 5. Keith N. Hylton (1990), ‘The Influence of Litigation Costs on Deterrence Under Strict Liability and Under Negligence’ 6. Kathryn E. Spier (2011), ‘Product Safety, Buybacks, and the Post-Sale Duty to Warn’ PART III CONTRACTS 7. Russell Cooper and Thomas W. Ross (1985), ‘Product Warranties and Double Moral Hazard’ 8. Steven Shavell (1994), ‘Acquisition and Disclosure of Information Prior to Sale’ 9. Yeon-Koo Che and Tai-Yeong Chung (1999), ‘Contract Damages and Cooperative Investments’ PART IV PROPERTY 10. Dean Lueck (1995), ‘The Rule of First Possession and the Design of the Law’ 11. Mathew J. Baker (2003), ‘An Equilibrium Conflict Model of Land Tenure in Hunter-Gatherer Societies’ 12. Matthew Baker and Thomas J. Miceli (2005), ‘Land Inheritance Rules: Theory and Cross-Cultural Analysis’ 13. Lawrence Blume, Daniel L. Rubinfeld and Perry Shapiro (1984), ‘The Taking of Land: When Should Compensation Be Paid?’ 14. Thomas J. Miceli and Kathleen Segerson (1994), ‘Regulatory Takings: When Should Compensation Be Paid?’ 15. William M. Landes and Richard A. Posner (1989), ‘An Economic Analysis of Copyright Law’ 16. Paul Klemperer (1990), ‘How Broad Should the Scope of Patent Protection Be?’ PART V CRIME 17. Gary Becker (1968), ‘Crime and Punishment: An Economic Approach’ 18. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Economic Theory of Public Enforcement of Law’ 19. William J. Furlong (1987), ‘A General Equilibrium Model of Crime Commission and Prevention’ PART VI LEGAL PROCESS 20. Jennifer F. Reinganum (1988), ‘Plea Bargaining and Prosecutorial Discretion’ 21. Barry Nalebluff (1987), ‘Credible Pretrial Negotiation’ 22. Avery Katz (1990), ‘The Effect of Frivolous Litigation on the Settlement of Legal Disputes’
£267.00
Edward Elgar Publishing Ltd The Rule of Law: The Common Sense of Global
Book SynopsisFor too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May's excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.'- Susanne Soederberg, Queen s University, CanadaThis timely book explores the complexities of the rule of law - a well-used but perhaps less well understood term - to explain why it is so often appealed to in discussions of global politics. Ranging from capacity building and the role of the World Bank to the discourse(s) of lawyers and jurisprudential critiques, it seeks to introduce non-lawyers to the important and complex political economy of the rule of law.In accessible terms, Christopher May argues that we can no longer merely use the idea of the rule of law without question but rather must appreciate its multifaceted and contested character if we are to begin to understand how and why it is now seen as a 'good thing' across the political spectrum. He expertly examines the problems encountered by rule of law programes in post-conflict and developing countries, as well as presenting the range of contested meanings of the term. The author also considers the possibility of establishing a pluralistic account of the rule of law and investigates the plausibility of an international rule of law.By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio - legal scholars and political economists. It also presents an overarching analysis of the manner in which politics and law interact that will be of great value to political scientists and development economists.Contents: Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography IndexTrade Review‘For too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May’s excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.’ -- Susanne Soederberg, Queen’s University, Canada‘Christopher May’s The Rule of Law is clearly a must for all those interested in legal problems, international political economy, economic development, post-conflict restructuring or, more generally, the role of norms in today’s globalised world. A timely and insightful disruption of the monotony of the rule of law discourse, this book definitely calls into question our supposedly commonsensical assumptions and self-evident practices. It is, therefore, clearly a significant achievement and undoubtedly recommended.’ -- Ignas Kalpokas, LSE Book ReviewTable of ContentsContents: Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography Index
£29.40
Edward Elgar Publishing Ltd Legal Theory and the Media of Law
Book SynopsisAs many disciplines in the humanities have experienced a focus on culture?s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education.Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.Trade Review'What significance does media (e.g. the form and materiality of expression) have for law and legal thought? Covering a hugely impressive historical range - from oral traditions, through the invention of writing and print, to today's computer networks - this new book from Thomas Vesting offers the best guide currently available to that question. Putting in dialogue media theory and legal theory, Vesting does not shy away from the most difficult issues at the intersection of these two fields. The book will be of interest to everyone from book historians to theorists of contemporary mass media. An impressive achievement.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface and Acknowledgements PART I LANGUAGE AND SPEECH I. Introduction: Legal Theory as Media Theory 2. Language, Media, Subjectivity 3. On the Orality of Oral Cultures 4. Oral Legal Culture and the “Ethics” of the Gift 5. Traces of Oral Legal Culture in Homer (and Hesiod) PART II WRITING 6. Hot Writing and Cool 7. Tradition and Innovation in Writing Cultures 8. Transitions to Writing in Law 9. Specialist Writing: Roman Civil Law 10. The Comprehensive Text of Jewish Law PART III PRINT 11. The Parchment Codex and the “Spirit” of Christianity 12. Print Culture, Print Epistemology 13. “Incarnation” of Sovereignty 14. “Excarnation” of Sovereignty 15. The Cultural Framework of the Liberal State PART IV COMPUTER NETWORKS 16. Mass Media and Mass Culture 17. The Culture and Epistemology of Networks 18. Constitutionalism 19. Statehood and Democracy 20. Further Exemplary Fields Bibliography Index
£173.00
Edward Elgar Publishing Ltd Authority in Transnational Legal Theory:
Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index
£139.00
Edward Elgar Publishing Ltd Rethinking Legal Reasoning
Book Synopsis‘'Rethinking’' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '‘interest’' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘'epistemological attitude’' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.Trade Review'This excellent book pursues the author's relentless ontological and epistemological project of thinking (and rethinking) legal reasoning, with a view to showing the relevance of law for the social sciences and the humanities: there is more indeed to law as a discipline than description of, and reasoning about, rules!' --Horatia Muir Watt, Ecole de Droit, Sciences-po, FranceTable of ContentsContents: Preface General introduction 1. What was the contribution of the medieval civilians? 2. What was the contribution of the Roman lawyers? 3. What was the contribution of the later civilians and the common lawyers? 4. What is the institutional legacy? 5. What is the legal literature legacy? 6. How do legal reasoners treat facts? 7. Is legal reasoning like medical reasoning? 8. Is legal reasoning like reasoning in film studies? 9. Is legal reasoning based on fictions? 10. Can legal reasoning be rethought? 11. Rethinking legal reasoning: should jurists take interests more seriously? 12. Should jurists take interests more seriously (continued)? Concluding Remarks Bibliography Index
£120.00
Edward Elgar Publishing Ltd Rethinking Legal Reasoning
Book Synopsis‘'Rethinking’' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '‘interest’' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘'epistemological attitude’' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.Trade Review'This excellent book pursues the author's relentless ontological and epistemological project of thinking (and rethinking) legal reasoning, with a view to showing the relevance of law for the social sciences and the humanities: there is more indeed to law as a discipline than description of, and reasoning about, rules!' --Horatia Muir Watt, Ecole de Droit, Sciences-po, FranceTable of ContentsContents: Preface General introduction 1. What was the contribution of the medieval civilians? 2. What was the contribution of the Roman lawyers? 3. What was the contribution of the later civilians and the common lawyers? 4. What is the institutional legacy? 5. What is the legal literature legacy? 6. How do legal reasoners treat facts? 7. Is legal reasoning like medical reasoning? 8. Is legal reasoning like reasoning in film studies? 9. Is legal reasoning based on fictions? 10. Can legal reasoning be rethought? 11. Rethinking legal reasoning: should jurists take interests more seriously? 12. Should jurists take interests more seriously (continued)? Concluding Remarks Bibliography Index
£44.60
Edward Elgar Publishing Ltd Academic Learning in Law: Theoretical Positions,
Book SynopsisThe nature and purpose of legal education has become a topic of intense debate in recent years. This timely book calls for a critical re-evaluation of university legal education, with the particular aim of strengthening its academic nature. The contributors emphasise lecturers' responsibility to challenge the assumptions students have about law, and the importance of putting law in a theoretical and social context that allows for critical reflection and sceptical detachment. In addition, the book reports upon teaching experiences and innovations, offering tools for teachers to strengthen the academic nature of legal education, and concludes with concrete proposals for change. Students and scholars engaged in the debate regarding the re-evaluation of academic legal education will find this book invaluable to their work. It will also be of interest to practitioners, such as educational experts and administrators looking to understand the role of law schools in creating responsible citizens.Contributors include: T. Bleeker, A. Böning, L. Corrias, U. de Vries, M. Del Mar, L. Francot, S. Germain, T. Hutchinson, B. Oomen, C. Schwöbel-Patel, B. Sokhi-Bulley, G. Uygur, B. van Klink, W. van RossumTrade Review'At a time when the performative demands of the neo-liberal university threaten to marginalise liberal and post-liberal traditions of critical enquiry, it is important to be reminded that a quality legal education can be both richly sceptical and imaginative. For those interested in deepening their students' empirical, normative and affective understanding of legal phenomena, and of their own place in the legal word, this collection of essays offers both a multi-faceted account of educational praxis and some persuasive examples of how we can educate better.' --Julian Webb, The University of Melbourne, Australia'This is a very varied, interesting and stimulating collection of essays. It deserves a wide readership, as there are topics of interest to all law teachers.' --Fiona Cownie, Keele University, UK'In a world dominated by technology, technique, and bureaucracy this collection of essays represents a most welcome and intelligent effort to render legal education, and law itself, more fully human, coherent, and effective, from the point of view both of the individual human being and the larger society.' --James Boyd White, The University of MichiganTable of ContentsContents: Foreword 1. Introduction 1 Part I THEORY AND LEGAL EDUCATION 2. Knowledge and Aphasia: What is the Use of Skeptical Legal Education Bart van Klink 3. Re-Bildung: An Ideal Reconsidered for Legal Education Lyana Francot and Luigi Corrias 4. Academic Education and Socialisation Anja Böning 5. The Necessary Loneliness of Teaching (and of Being a Legal Academic) Anthony Bradney Part II Experimental Courses 6. Teaching International Law Critically- Critical Pedagogy and Bildung as Orientations for Learning and Teaching Christine Schwöbel-Patel 7. Learning Law Differently: The Importance of Theory and Methodology Bal Sokhi-Bulley 8. Empirical Methodologies Knowledge and Expertise: A ‘Necessary’ Skill for Lawyers? Terry Hutchinson 9. Visuals for a Critical Legal Reflection Wibo van Rossum 10. For a New and More Diverse Comparative Legal Education Sabrina Germain PART III DIDACTIC INNOVATIONS AND LEARNING EXPERIMENT 11. Orchestrating Encounters: Teaching Law at a Liberal Arts and Sciences College in the Netherlands Barbara Oomen 12. Students’ Perception and Legal Education Gülriz Uygur 13. Learning How to Read a Case: Resources from the Visual and Dramatic Art Maksymilian Del Mar 14. Law & Lounge: An Experiment on Student Self-Organisation and Critique as Skeptical Reflexivity Ubaldus de Vries 15. Epilogue: An Overview, Reflections and a Student’s Perspective Tim Bleeker 16. Conclusions: Concrete Proposals for Change: 14 Theses Bart van Klink and Ubaldus de Vries Index
£121.00
Edward Elgar Publishing Ltd Understanding the Nature of Law: A Case for
Book SynopsisUnderstanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?Michael Giudice presents the problem: several methods suggest themselves as suitable to understanding law; however, each method claims unique importance with no need of others. A solution is offered in two key claims. First, many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, emphasizing a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. Second, conceptual theories of law can and ought to identify necessary as well as contingent features in the construction of conceptual explanations of law. This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.The book will be of primary interest to both students and academics in legal, political, and moral philosophy. It will also be of interest to students and academics working in the social sciences who are interested in questions about the distinctive character of law.Trade Review'This is a superb book. Taking up the important debate on the role of conceptual analysis in legal theory, Giudice carefully articulates the competing positions and presents a clear-eyed and perspicuous account of conceptual analysis. This book is essential reading for anyone in legal theory.' --Dennis Patterson, European University Institute, ItalyTable of ContentsContents: Preface PART I. BEYOND CONCEPTUAL ANALYSIS 1. Analytical Jurisprudence and its Discontents 2. Constructive Conceptual Explanation 3. Conceptual Explanation and Contingency 4. Analytical Jurisprudence and Necessity PART II. ILLUSTRATIONS 5. The Contingent Relation Between Invalidity and Unconstitutionality 6. Conceptual Explanation of European Union Law PART III. CONTINUITY IN LEGAL THEORY 7. Imperialism and Difference in Legal Theory 8. Participant Understanding and Legal Theory 9. Continuity in Legal Theory Conclusion: A Look Back and a Look Forward Index
£98.00
Edward Elgar Publishing Ltd Eutopia: New Philosophy and New Law for a
Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index
£116.00
Edward Elgar Publishing Ltd Facts and Norms in Law: Interdisciplinary
Book SynopsisWhat role does empirical data play in law? How can we draw normative conclusions from empirical legal research? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda. This book presents an innovative set of perspectives on the relationship between descriptive and normative elements in legal inquiry and practice. The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law. This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics interested in discussions of multidisciplinary and interdisciplinary research.Contributors include: R. Cotterrell, P. Cserne, W. de Been, M. Del Mar, L. Francot, J. Hage, R. Herdy, O.W. Lembcke, A.R. Mackor, A.M. Pacces, G. Samuel, S. Taekema, B. van Klin, W. van der BurgTrade Review'A valuable collection of original analyses of the way various disciplines conceptualise facts, values, and norms in the realms of judging, lawyering, and legislating - and the interdisciplinary challenges and opportunities this offers. In the hands of these authors the normative often plays a crucial role in establishing truths whilst the descriptive turns out to be shaped by values. A must read for legal and social theorists.' --David Nelken, King's College London, UK'Facts and Norms in Law is a rich and indispensable guide to anyone involved in doing interdisciplinary research on law. It is the first comprehensive book to address the question of how a meaningful exchange can take place between law and other normative disciplines. Written by a stellar cast of authors, this is an essential volume for anyone interested in legal methodology.' --Jan M. Smits, Maastricht University, the Netherlands'This book brings together an excellent group of contributors in order to reflect on legal methods from an interdisciplinary perspective. The main focal point is the relationship between fact-based and normative approaches to legal (and non-legal) research. This provides an original take of the debate about legal methods. While, as indicated in the conclusion, the book does not aim to 'provide conclusive answers, it does offer abundant food for reflection'. It is highly recommended.' --Mathias Siems, Durham University, UKTable of ContentsContents: Foreword PART I 1. Introduction Wouter de Been, Sanne Taekema and Bart van Klink 2. Facts, Values and Norms Jaap Hage PART II 3. Imitation of Life: Resonances Between Law and Fact and Fact and Law Geoffrey Samuel 4. The Epistemic Dependence of Judicial Decision-Makers Rachel Herdy 5. Facts and Norms in the Behavioural Assumptions of Law Péter Cserne PART III 6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory Anne Ruth Mackor 7. Systems Theory, Critique and Law: To Kill Some Darlings? Lyana Francot 8. A Law and Economics Perspective on Normative Analysis Alessio M. Pacces PART IV 9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen Bart van Klink and Oliver W. Lembcke 10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context Maksymilian Del Mar 11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science Roger Cotterrell PART V 12. The Need for Audacious Fully Armed Scholars: Concluding Reflections Wibren van der Burg Index
£111.00
Edward Elgar Publishing Ltd Comparative Law as Critique
Book Synopsis'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.'- David Kennedy, Harvard University'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.'- Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline.Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline.The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.Trade Review'Globalisation has made legal comparison fashionable, but in the mainstream varieties practiced within institutional settings or by surviving nineteenth century societes savantes, it involves, at best, a superficial overview of national practices in a quest for similarities (not differences), at worst, an apology of the exclusionary dynamics at work in the act of comparison. While Frankenberg's acutely critical view draws attention to the political and epistemological implications of existing methodologies, it also provides the foundations of a renewed intellectual enterprise, thereby joining the outstanding scholarship of Legrand, Samuel or Monateri in what might be termed ''New Approaches to Comparative Law''.' --Horatia Muir Watt, Sciences-po, France'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. The intellectual condescension towards those who have not been converted to post-modernism that shines through, typical of the amorphous congregation of crits, must not dissuade established comparatists from taking this book very seriously.' --Journal for European, Private International and Comparative Law'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. It is not far-fetched to declare that this overview of comparative work in law is more instructive than many a voluminous conventional 'comparative law handbook'.' --Zeitschrift für ausländisches öffentliches Recht und VölkerrechtTable of ContentsContents: PART I DISCIPLINE AND CRITIQUE I. Comparative Law as Discipline 2. Critique and Comparison PART II CHARTING THE COMPARATIVE SPACE 3. Navigating the Mainstreams 4. Orientalizing Comparative Law’s Occident 5. Muslim Veiling: Critique of a Comparative Discourse PART III COMPARING HUMAN RIGHTS NARRATIVES 6. Human Rights and Narratives of Justification 7. Before the Law: The Discourse about “Access to Justice” 8. Thick Comparison? Bibliography Index
£109.00
Edward Elgar Publishing Ltd Rethinking the Jurisprudence of Cyberspace
Book SynopsisCyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.Trade Review'Reed and Murray have, in their own earlier work, separately emphasised the significance of legal theory to the study of Internet law - and, crucially, of Internet law to legal theory. In this thoughtful joint project, they take a fresh look at the development of cyberlaw over the last two decades, unpacking a crowded room of regulatory bodies, national governments, intermediaries, corporations, and users. They emphasise authority and legitimacy, offering a powerful critique of inaccessible rules, and propose a new focus on the reception of legal norms. This new book is both a reflection on the progress made in the field and a provocative contribution to a debate that has proven difficult for lawmakers and communities alike to resolve thus far.' --Daithí Mac Síthigh, Queen's University Belfast, UK'The evolution of cyberspace regulation is creating striking challenges for traditional assumptions of jurisprudence. This innovative and incisive text provides a rich, essential exploration of these challenges and of their immense practical significance for jurisprudence specialists and cyber lawyers alike.' --Roger Cotterrell, Queen Mary University of London, UKTable of ContentsContents: Part I Law and Authority in Cyberspace 1. The Lawmaking Authority of States 2. Non-State Rulemakers 3. Communities, Authority and Rules of Recognition Part II Control, Competition and Conversation 4. Control 5. Normative Competition in Cyberspace 6. Networks and nodes 7. Legitimacy and Authority 8. Maintaining the rule of law in cyberspace Afterword Index
£106.58
Edward Elgar Publishing Ltd The Timing of Lawmaking
Book SynopsisLegal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. SukTrade Review'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' --(Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars)Table of ContentsContents: Part I Timing Devices 1. Legal Cycles and Stabilization Rules Frank Fagan 2. Legislating Crisis David Kamin 3. The More It Changes, The More It Stays the Same?: Automatic Indexing and Current Policy Dan Shaviro 4. Racing the Clock: Deadlines, Conflict, and Negotiating in Lawmaking Daniel A. Farber 5. Playing for Constitutional Time: Interim Constitutions and Transitional Provisions Tom Ginsburg and Eric Alston 6. Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes Frank Fagan and Saul Levmore Part II Law's Architecture 7. Timing of Consent Jacob E. Gersen and Jeannie Suk 8. Interest Groups and the Durability of Law Saul Levmore 9. Self-executing Statutes in the Administrative State Adam Samaha 10. Intellectual Property and Legislative Innovation Saul Levmore Part III Time in Judging 11. Janus-Faced Law: A Philosophical Debate Martha C. Nussbaum 12. Renovating the Efficiency of Common Law Hypothesis Frank Fagan 13. Delaying Declarations of Constitutional Invalidity Anthony Niblett 14. The Sins of Their Fathers: Illegitimacy in Japan and Surrogate Punishment across Generations J. Mark Ramseyer Index
£122.00
Edward Elgar Publishing Ltd Outsourcing the Law: A Philosophical Perspective
Book SynopsisNot only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims.Outsourcing the law brings about profound changes in the way power is distributed. In this timely book, Pauline Westerman analyzes this outsourcing from a philosophical perspective. Outsourcing the Law analyzes the particular types of rules to which outsourcing gives rise (performance-indicators), as well as the techniques that are used (benchmarking, auditing) and identifies the key-implications of these shifts for democracy, the Rule of Law, judicial decision-making and even for how legal research is carried out.The analyses in this book will be a valuable read for legal academics and professionals, students of law, and all those with a keen interest in the relationship between law and regulation.Trade Review'Westerman's Outsourcing the Law: A Philosophical Perspective on Regulation is a must read book for all those who are interested in the world of regulation! Clearly written, it tackles fundamental regulatory issues combining a highly pedagogical approach with a deep insight and understanding of extremely complicated and basic questions.' --Mauro Zamboni, Stockholm University, SwedenTable of ContentsContents: Preface 1. Introduction 2. The Structure Of The Rules 3. Between Compliance And Performance 4. Commissioned Self-Regulation 5. Outsourcing Democracy 6. The Limited Role Of The Judiciary 7. Legal Research And The Empirical Turn 8. A Rule of Outsourced Law 9. A Contagious Style Index
£89.00
Edward Elgar Publishing Ltd A Short Introduction to Judging and to Legal
Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index
£89.00
Edward Elgar Publishing Ltd Law’s Political Foundations: Rivers, Rifles,
Book SynopsisLaw's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.Trade ReviewWith magnificent scope, Law's Political Foundations leads the reader through government structure, political regimes, and law throughout the world. Haley's work deftly explains why China, Japan, Europe, and Latin America developed different forms of public and private legal regimes. Geography, war, agriculture, and belief shaped government and law; this novel framework permits Haley boldly to straddle empires and centuries in this captivating study of legal development. --M.C. Mirow, University of Edinburgh Law School, UK, and Florida International University College of LawIn Law's Political Foundations, John Haley brings a lifetime of thinking about the deep issues of comparative law to this fascinating exploration of the geographical roots, as well as the implications, of the very different regimes of public law, private law, and private ordering that respectively dominated the civilizations of China, Western Europe, and Japan. And although the West still speaks the language of private law, he argues, it is the public law paradigm first perfected in China that is becoming dominant in the modern state. There is much food for thought in this stimulating and provocative book. --Donald C. Clarke, The George Washington UniversityIn this breathtaking account, John Haley gives us a magisterial tour de force. He asks questions of astonishing breadth: when do societies rely on public law regimes, and when on private law regimes? He explores these universal puzzles with a relentless focus on the particular. In exquisite detail, he traces the way legal regimes developed historically across a wide range of countries. And he ties the developments to changes in religion, in economic production, in military extraction, and in transportation and communication facilities. Old questions, new answers - at root, Haley concludes: ''legal institutions develop in conjunction with the capacity of rulers to appropriate wealth and acquire revenue and the demands or needs they confront for the allocation of the material resources they control.'' Haley masterfully traces the interplay of rules, norms, laws, religious injunctions, and the demands of economic production and military extraction. --Mark Ramseyer, Harvard Law SchoolTable of ContentsContents: Introduction 1. Defining Law’s Political Foundations 2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change 3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China 4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan 5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe 6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America Epilogue: Beyond Magellan’s World Index
£94.00
Edward Elgar Publishing Ltd A Short Introduction to Judging and to Legal
Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index
£29.95
Edward Elgar Publishing Ltd Technology and the Trajectory of Myth
Book SynopsisImportant and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility. Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm.Trade Review'This is a challenging and sophisticated book, with an original thesis. It is intriguing at many levels: part assessment of the new worlds of modern technologies, part a work of deeply engaged intellectual history, part itself a philosophy of history, part a treatise on the proper relations between law, regulation and technology. Underlying all this is a philosophically deeply grounded plea that we not succumb to ''mythologising'' the new technologies, as we have over ages succumbed to the (successive) mythologies of Deity, State and Market, but take responsibility for our lives. It is a timely, powerful and arresting work.' --Martin Krygier, UNSW Sydney, AustraliaTable of ContentsContents: Introduction 2. The Mythological Trajectory 3. Science and Mythology 4. Attitudes towards Emerging Technologies 5. Gene Technology and the Mythology of the Legislative Process 6. Law and the Trajectory of Myth 7. Conclusion: Technology need not be Mythological Bibliography Index
£100.00
Edward Elgar Publishing Ltd Multi-criteria Analysis in Legal Reasoning
Book SynopsisProviding an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law. Through clear illustrations and a variety of concrete examples, this book shows how simple additive weighing can be applied in any situation in which there are one or more objectives, multiple options and multiple decision criteria. Further demonstrating the use of fuzzy logic in conjunction with this method, Bengt Lindell adeptly shows the reader how extra-disciplinary methods have much to contribute in a legal decision-making context. The methods covered in this book help to balance the issues of intuition versus structural analysis, risk and uncertainty, and the merging of probability and utility in the context of law. Practical and engaging, this book will prove an indispensible guide for academics and scholars across many legal disciplines. Public and private decision makers will also benefit from its clear and concise approach, affording them new insights into the application of multi-criteria analysis in law.Trade Review'Law is about balancing of interests. How to do this, is considered mainly to be a matter of intuition. This book offers a structured method based on decision theory and fuzzy logic. It helps lawyers to balance interests and make choices in complex cases in a systematic way, even when the weighting is based on subjective ratings and opinions differ fundamentally. The method of multi-criteria analysis is explained in a very clear and accessible way and applied to several, legal and other cases.' --Bart van Klink, Vrije Universiteit Amsterdam, the Netherlands'This is a highly original approach to a pressing problem of legal reasoning: how to decide in a context in which many different values and interests need to be considered. The interdisciplinary approach chosen, using decision theory and adapting it to a legal context, provides a fresh perspective on important issues such as balancing of interests and weighting of different legal values. Firmly grounded in Scandinavian discussions of legal reasoning and the international literature on decision theory, it is particularly relevant to administrative legal decisions, but it may also be relevant to judicial decision-making in private or criminal law.' --Sanne Taekema, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Overall assessments and balancing of interests 2. Multi-criteria analysis 3. Intuition 4. Legal examples of decision-making with SAW 5. Decision-making under uncertainty 6. Evidentiary aspects Bibliography Index
£94.00
Edward Elgar Publishing Ltd Grounds of the Immaterial: A Conflict-Based
Book SynopsisThis book applies a novel conflict-based approach to the notions of `idea', `concept', `invention' and `immateriality' in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge's office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless `material' operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences. Grounds of the Immaterial offers an inventive and refreshing take on intellectual property rights which will be valued by academics and students in philosophy, legal theory, legal anthropology and intellectual property.Trade Review'Niels van Dijk's exploration of the way legal practitioners answer traditional philosophical questions such as ''what is an idea?'' is deeply inspirational. It leaves no place for rivalry between law and philosophy, but engages a mutual becoming in which each practice retains, or even rediscovers its vital thrust. The book will move readers, whether they are philosophers or legal practitioners, to a deeper appreciation of the capacity of their respective practice to invent its own questions and define its own problems.' --Isabelle Stengers, Universite libre de Bruxelles, BelgiumTable of ContentsContents: Introduction I. Legal Theory: From Intellectual Property To Informational Goods 2. Interlude ~ Turning to Legal Practice: Outlines Of A Transversal Approach 3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute 4. Legal Pointillism in Court: Towards the Composition of Judgment 5. Conclusion: Immaterial Performances in the Life of the Legal Dispute 6. Coda ~ Philosophy and Law: A Conflictive Encounter Index
£111.00
Edward Elgar Publishing Ltd The Turning Point in Private Law: Ecology,
Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index
£83.00
Edward Elgar Publishing Ltd The Normative Foundations of European Competition
Book SynopsisDoes the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals. Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed. Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.Trade Review'This book should be compulsory reading for antitrust policy makers and many others. If it has not already attained the status as an exceptional work then it surely will. It ought be recognised as making a significant and lasting contribution to our understanding of the policy underpinnings of antitrust and its place in democratic governance.'' -- Ray Steinwall, Competition and Consumer Law Journal'This book is not like other books on competition law. It ploughs its own furrow in the ''field'' of competition law and policy, sowing seeds of legal and political theory and philosophy. The resulting furrow makes the reader think (or, perhaps, re-think) about the proper role of economics within competition law and how and why the competitive process should be protected.' -- David Bailey, Common Market Law Review'This is a bold and insightful book. It analyses old debates but from new angles and with new insights. Some believe that the issues have been resolved, but the author shows that dealing effectively with fundamental questions as they relate to changing circumstances remains a key element in shaping the future of competition law.' -- David J. Gerber, Illinois Institute of Technology, USTable of ContentsContents: 1. Introduction 2. The Evolution Of The Economic Concept Of Competition 3. Doctrinal Foundations Of Competition Law 4. The Normative Value Of Competition 5. The Mechanics Of Balancing 6. The Legal Theoretical Aspects Of Competition 7. Practical Conclusion Index
£116.00
Edward Elgar Publishing Ltd Law and Evil: The Evolutionary Perspective
Book SynopsisLaw and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism.Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.Trade Review'Zaluski's work stands as a valuable contribution to better understanding the often neglected dynamic moments of the law and its making. By making use of a philosophically refined evolutionary approach to the law, he is not only able to identify the fundamental components regarding the nature of the legal phenomenon, he also offers a new perspective through which to investigate the eternal question of why humans tend to commit evil and the role law and its actors may play in it, as a restraining force.' --Mauro Zamboni, Stockholm University, Sweden'Wojciech Zaluski offers an erudite, insightful, and thought-provoking study of the place of evil for our jurisprudential understandings of law and justice. Situated at the junctures and dis-junctures between and among evolutionary theory, the developments of natural law and legal positivism, and metaethics, Law and Evil raises new and important questions for our understandings of evil within legal thinking and practice.' --David Fraser, University of Nottingham, UKTable of ContentsContents: Introduction 1. The double ambivalence of human nature 2. Progress in law: towards genuine ethics 3. Evolution, metaethics and the natural law Epilogue: Evil and metaphysics Bibliography Index
£78.00
Edward Elgar Publishing Ltd Law and Autonomous Machines: The Co-evolution of
Book SynopsisThis book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines. This book is a valuable resource for scholars and practitioners of legal doctrine, ethics and autonomous technologies, as well as legislators and policy makers, and engineers and designers who are interested in the broader implications of their work.Table of ContentsContents: Preface PART I THE RISE OF AUTONOMOUS TECHNOLOGIES AND CURRENT LAW 1. The emerging challenge 2. Existing law and other forms of governance PART II INDIVIDUAL AND GROUP RESPONSIBILITY 3. Individual responsibility 4. The legal and moral responsibility of groups PART III REIMAGINING RESPONSIBILITY AND THE RESPONSIBLE AGENT 5. Reframing responsibility 6. Altering the responsible agent PART IV ETHICAL AI 7. Law-abiding machines and systems 8. Moral machines and systems 9. Machines and systems as legal and moral subjects PART V CONCLUSIONS 10. Trigger events Index
£95.00
Edward Elgar Publishing Ltd Rethinking Comparative Law
Book SynopsisAs law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field.This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate.Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.Trade Review'A fascinating and refreshing book on legal comparison! With much insight and depth, the three authors join forces, each one in four chapters, to offer new perspectives on how to engage seriously with the study of foreign law. Challenging the orthodoxy, the book offers fruitful reflections on the role of language and culture in law, and discusses questions of method, or the lack thereof, interdisciplinarity and other core questions of legal comparison, including that of the existence of law. The book will not only satisfy the curiosity of an academic audience, but also provide useful tools to international practitioners.' -- Franz Werro, Georgetown University Law Center, US, University of Fribourg, Switzerland and Co-Editor-in-Chief, American Journal of Comparative Law'Rethinking Comparative Law marks the urgency of a critical and heterodox approach to comparative legal studies. Stripping away from the hegemonic perspective in the field, which for more than a century has been content to compare the shells of laws, this work provides crucial tools for comparatists to pierce the carapace of foreign laws and perform in-depth analysis reaching to the very core of the foreign. An insightful and indispensable book for a culturalist view of the comparison of laws.' -- Daniel Wunder Hachem, Pontifícia Universidade Católica do Paraná and Universidade Federal do Paraná, Brazil'Rethinking Comparative Law is a valuable book on all the necessary and complex tools needed to manage legal reforms in a globalized world. The book makes an important and fresh addition to the literature on comparative law offering a new insight for a critical understanding of the notion of culture, which remains crucial for legal comparison. In so doing, the book represents a thoughtful and profound scrutiny of quantitative methods and their limits in legal analysis.' -- Pier Giuseppe Monateri, University of Torino, ItalyTable of ContentsContents: Introduction 1. The epistemological challenge: does law exist? 2. The comparatist and the illusion of autonomy 3. Methodology and comparative law: programme orientations 4. Method as deception 5. Comparisons otherwise: the merits of interdisciplinarity 6. Comparing comparisons 7. On the untranslatability of laws 8. The corrida, for example: how comparative understanding fares 9. How far culture? A critical examination of cultural defences 10. Comparison in action: on the beach 11. Quantifying law? ‘Legal origins’ or ‘doing business’ as usual 12. Is there generic law? The issue of constitutionalism Index
£114.00
Edward Elgar Publishing Ltd Research Handbook on Feminist Jurisprudence
Book SynopsisThe Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.Featuring contributions from a diverse team of prominent scholars, this Research Handbook illuminates the ways in which feminist scholarship has enriched understandings of law's sometimes subordinating structures and the ways in which law can be interpreted or changed so as to promote the equality, liberty, wellbeing, and interests of women. The expert contributors offer a vast range of feminist perspectives on law, including liberal, radical, and post-modern feminism, and explore the implications of these theoretical stances for understandings of the nature of law, legal change, and the relationship between law and politics. Chapters analyse the influence of feminist legal theories on doctrinal areas of law including US constitutional and civil rights law, international law, and various areas of private law.This insightful book will be of interest to law students, legal scholars, and scholars of political and moral philosophy seeking to understand the entire body of feminist legal scholarship from the early 1970s to the present, as well as its variants, and relationships among different theoretical perspectives.Contributors include: S.F. Appleton, K.K. Baker, I. Caglar, M. Chamallas, C.-j. Chen, M.A. Fineman, M.A. Franks, C. Grant Bowman, B.A. Gur, N.D. Hunter, L.C. Ikemoto, O. Kamir, H. Keren, S.A. Law, N. Menon, N. Naffine, J.A. Nice, V.F. Nourse, N. Rimalt, D.E. Roberts, L.A. Rosenbury, J.C. Suk, D. Tuerkheimer, R. West, A.K. Wing, K.A. YurackoTrade Review‘The Research Handbook on Feminist Jurisprudence is a compelling, thought-provoking addition to academic library collections.’ -- Caitlin Hunter, International Journal of Legal Information‘The overview of feminist engagement with different areas of the law is impressive, and importantly demonstrates that even areas of law, which are written as “gender-neutral” norms, can benefit substantially from a feminist approach. Any law library would benefit from adding this Research Handbook to their catalogue.’ -- Metka Potocnik, Wolverhampton Law Journal'This Research Handbook provides a diverse array of critical, descriptive, and normative perspectives on feminist jurisprudence, with rich historical accounts of legal advances and backlashes. Centered primarily on US feminism, the volume also includes interesting chapters with a foreign or international focus. It should prove a highly valuable resource for feminist scholars and advocates in many parts of the world.' --Vicki C. Jackson, Harvard Law School, US'This landmark collection, edited by two leading feminist legal scholars, will be an invaluable resource for anyone interested in how feminist theory has laid the legal foundations for greater gender equity in the United States and throughout the globe.' --Deborah L. Rhode, Stanford University, USTable of ContentsContents: Preface Introduction to the Research Handbook on Feminist Jurisprudence Robin West PART I FEMINISM AND LEGAL THEORY: VARIETIES OF FEMINIST LEGAL THEORY 1. In Defense of Liberal Feminism Sylvia A. Law 2. Catharine A. MacKinnon and Equality Theory Chao-ju Chen 3. Relational Feminism and Law Robin West 4. The Limits of Equality: Vulnerability and Inevitable Inequality Martha Albertson Fineman 5. Socialist Feminist Legal Theory: A Plea Cynthia Grant Bowman 6. Critical Race Feminism Dorothy E. Roberts 7. Postmodern Feminist Legal Theory Laura A. Rosenbury 8. Feminism, Sexuality and the Law Nan D. Hunter PART II: FEMINIST LEGAL THEORY AND CRIMINAL LAW 9. Sexual Agency and the Unfinished Work of Rape Law Reform Deborah Tuerkheimer 10. Sexual Violence and the Law in India Nivedita Menon 11. Violence Against Women and Liberal Sexism Victoria Nourse 12. ‘Some Gentle Violence’: Marital Rape Immunity as Contradiction in Criminal Law Ngaire Naffine PART III: FEMINIST LEGAL THEORY AND REPRODUCTIVE RIGHTS 13. Reproductive Rights and Justice: A Multiple Feminist Theories Account Lisa C. Ikemoto 14. Against Roe Exceptionalism: Degendering Abortion Noya Rimalt PART IV: FEMINIST LEGAL THEORY, SEX DISCRIMINATION AND SEXUAL HARASSMENT 15. Sexual Harassment Law: An Evolution in Theory, Scope and Impact Kimberly A. Yuracko 16. A Dignitarian Feminist Jurisprudence with Applications to Rape, Sexual Harassment and Honor Codes Orit Kamir 17. Sex Equality, Gender Injury, Title IX and Women’s Education Katharine K. Baker PART V: FEMINIST LEGAL THEORY AND CONSTITUTIONAL LAW 18. The Gendered Jurisprudence of the Fourteenth Amendment Julie A. Nice 19. Beyond ‘Free Speech for the White Man’: Feminism and the First Amendment Mary Anne Franks PART VI: FEMINIST LEGAL THEORY AND PRIVATE LAW 20. Feminist Legal Theory and Tort Law Martha Chamallas 21. Feminism and Contract Law Hila Keren 22. How Feminism Remade American Family Law (and How It Did Not) Susan Frelich Appleton 23. Feminism and Family Leave Julie C. Suk PART VII: FEMINIST LEGAL THEORY AND INTERNATIONAL LAW 24. International Law and Feminism Adrien K. Wing 25. The State’s Due Diligence Obligation Irem Caglar and Berna Akcali Gur Index
£212.00
Edward Elgar Publishing Ltd Legal Conversation as Signifier
Book SynopsisConversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.Table of ContentsContents: 1. Thoughts Backing Speech 2. Legal Practice Stalks the Brain 3. Compliance and the Radical 4. On Hermes Avenue Index
£94.00
Edward Elgar Publishing Ltd Domesticating Kelsen: Towards the Pure Theory of
Book SynopsisThere exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory's prism.This insightful book demonstrates that Kelsen's theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory.Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.Table of ContentsContents: 1. The Essence and Basic Methods of the Pure Theory 2. The State and the Law 3. Law and its “Others”: Natural Law, Morality and Social Policy 4. Constitution and Normative Hierarchy 5. The Basic Norm and Efficacy of the Legal System 6. The Rule of Law Conclusion Index
£88.00
Edward Elgar Publishing Ltd Economic Approaches to Legal Reasoning and
Book SynopsisThis insightful research review provides analysis of the most important contemporary work by experts in the economic analysis of legal reasoning and interpretation. It explores a wide range of topics in the field, from constitutional to statutory interpretation, precedent and the interpretation of contracts. The articles discussed raise key questions concerning the optimal construction of institutions, the best approach to judicial decision-making, and the best strategies for statutory and contract drafting. This fascinating review will be valuable to academics interested in legal reasoning, economic analysis and legal philosophy.Trade Review‘Bix compiles a classic collection of the best writing in the area, with an eye towards pieces that are both sophisticated and accessible to a general audience. The section on contract interpretation provides a perfect selection of articles to introduce the subject and enables the reader to understand the more specialized and nuanced work in the area’ -- Lisa Bernstein, University of Chicago Law School, USTable of ContentsContents: Introduction Brian H. Bix PART I CONSTITUTIONAL INTERPRETATION 1. A. C. Pritchard and Todd J. Zywicki (1999), ‘Finding the Constitution: An Economic Analysis of Tradition’s Role in Constitutional Interpretation’, North Carolina Law Review, 77 (2), January, 409–521 2. John O. McGinnis (2014), ‘Public Choice Originalism: Bork, Buchanan and the Escape from the Progressive Paradigm’, Journal of Law, Economics and Policy, 10 (3), Fall, 669–88 PART II STATUTORY INTERPRETATION 3. Jonathan R. Macey (1986), ‘Promoting Public-Regarding Legislation through Statutory Interpretation: An Interest Group Model’, Columbia Law Review, 86 (2), March, 223–68 4. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’, International Review of Law and Economics, 12 (2), June, 263–79 5. Robert D. Cooter and Tom Ginsburg (1996), ‘Comparative Judicial Discretion: An Empirical Test of Economic Models’, International Review of Law and Economics, 16 (3), September, 295–313 6. Arthur Lupia and Mathew D. McCubbins (2005), ‘Lost in Translation: Social Choice Theory is Misapplied Against Legislative Intent’, Journal of Contemporary Legal Issues, 14 (2), February, 585–617 PART III PRECEDENT 7. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’, Journal of Law and Economics, 19 (2), August, 249–307 8. Erin O’Hara (1993), ‘Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis’, Seton Hall Law Review, 24 (2), June, 736–78 9. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’, International Review of Law and Economics, 26 (4), December, 519–35 10. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’, Journal of Comparative Economics, 35 (2), June, 309–28 PART IV INTERPRETING CONTRACTS 11. Ian Ayres and Robert Gertner (1989), ‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’, Yale Law Journal, 99 (1), October, 87–130 12. Alan Schwartz (1992), ‘Relational Contracts in the Courts: An Analysis of Incomplete Agreements and Judicial Strategies’, Journal of Legal Studies, 21 (2), June, 271–318 13. Gillian K. Hadfield (1994), ‘Judicial Competence and the Interpretation of Incomplete Contracts’, Journal of Legal Studies, 23 (1), January, 159–84 14. Alan Schwartz and Robert E. Scott (2003), ‘Contract Theory and the Limits of Contract Law’, Yale Law Journal, 113 (3), December, 541–619 15. Avery Wiener Katz (2004), ‘The Economics of Form and Substance in Contract Interpretation’, Columbia Law Review, 104 (2), March, 496–538 16. Richard A. Posner (2005), ‘The Law and Economics of Contract Interpretation’, Texas Law Review, 83 (6), May, 1581–614 17. Alan Schwartz and Robert E. Scott (2010), ‘Contract Interpretation Redux’, Yale Law Journal, 119 (5), March, 926–64 18. Steven J. Burton (2013), ’A Lesson on Some Limits of Economic Analysis: Schwartz and Scott on Contract Interpretation’, Indiana Law Journal, 88 (1), Winter, 339–60 Index
£278.00
Edward Elgar Publishing Ltd Autonomy and Self-determination: Between Legal
Book SynopsisEurope has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.Contributors include: X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. TurpTrade Review'Issues concerning autonomy and self-determination continue to take centre stage in international law and politics. This outstanding collection of chapters brings together leading voices on the subject, to offer expert insights and perspectives on this controversial issue at a time of uncertainty. The work will be of immediate interest to scholars and practitioners of international law, international relations and politics. Students are likely to find the text accessible and well researched, drawing on a multitude of sources.' --Joshua Castellino, Middlesex University, UKTable of ContentsContents: 1. Introduction Peter Hilpold 2. Self-determination and Autonomy: Between Secession and Internal Self-determination Peter Hilpold 3. The Relevance of Democratic Principles to the Self-Determination Norm Brad R. Roth 4. Self-Determination and Secession: Similarities and Differences Rein Müllerson 5. The Referendum as an Instrument for Decision-making in Autonomy-related Situations Markku Suksi 6. Secession as a New Constitutional Problem: the question of independence in autonomy systems Ulrike Haider-Quercia 7. ‘Free at Last’? Scotland, Independence and EU Membership Hannes Hofmeister and Belen Olmos Giupponi 8. Italian Approaches to Self-determination: Theory and Practice Antonello Tancredi 9. The Kurds between Discrimination, Autonomy and Self-determination Stefan Oeter 10. Autonomy and Self-determination in Spain: a Constitutional Law Perspective Xabier Arzoz 11. Autonomy and Self-determination in Spain: Catalonia’s Claims for Independence from the Perspective of International Law Eugenia López-Jacoiste 12. Self-determination, Autonomy, Independence, and the Case of Québec Daniel Turp and Anthony Beauséjour Index
£121.00
Edward Elgar Publishing Ltd Chinese Perspectives on the International Rule of
Book SynopsisBuilding upon an understanding of the rule of law as an ?'essentially contested concept?', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level.In particular, chapters focus on China?s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China?'s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems.This book will hold particular appeal for students and scholars of Chinese Law, International Law, EU-China Relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.Trade Review'In this academically rich, thoughtful and nuanced analysis of rule of law-related discourses and practices in China, Burnay addresses the prospects for the emergence of a consensus on the rule of law and the international rule of law. An important contribution to the ongoing debate about law and politics in China and beyond.' --Eva Pils, King's College London, UK'This book provides a comprehensive overview and timely analysis of how China understands the rule of law and the international rule of law. It helps readers understand the political, social, economic and historical contexts within which the ''Chinese characteristics'' are formed, as well as the differences between Chinese perspective and European perspectives on the international rule of law. In this valuable research on the development of the rule of law in China, Matthieu Burnay inspires reflections on how China has changed and how China can be changed.' --Jing Men, College of Europe, BelgiumTable of ContentsContents: Introduction 1. The rule of law: origins, prospects and challenges 2. From the rule of law to the international rule of law 3. The Socialist Rule of Law with Chinese Characteristics: zooming-out of a triangle? 4. China in the World Trade Organization: implications for the international rule of law 5. China in the UN Security Council: implications for the international rule of law 6. Chinese perspectives on the rule of law at the national and international levels Conclusions Bibliography Index
£122.40
Edward Elgar Publishing Ltd Gender, Alterity and Human Rights: Freedom in a
Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index
£109.00
Edward Elgar Publishing Ltd The End of Law: How Law’s Claims Relate to Law’s
Book SynopsisAugustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice.The End of Law applies Augustine's questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine's ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law's relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine's reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.This insightful book will be fascinating reading for law students and legal philosophers seeking to understand the perspective and commitments of natural law theory and the significance of Augustine. Readers with an interest in interdisciplinary approaches to legal theory will also find this book a stimulating read.Trade Review‘McIlroy’s book amounts to a wonderful conspectus, and synthesis, of centuries of thought about law, all packed into just less than 200 closely argued pages. . . should it be that government of the people, by the people, for the people shall perish from the earth in the next few years, McIlroy’s book is not a bad epitaph for it, and will serve as a decent reminder in years to come of all that we lost, and may – in time – have again.’ -- Nicholas J. Mcbride, Cambridge Law Journal‘This is a very timely book. A purely scientific approach to law has left us thinking for decades that it is the only possible approach, despite the dangers to which it has or might still lead us. A philosophical or, even, a theological approach to law shows that other analyses of law are still possible.It is the great merit of this book to offer one of these ways of thinking about law in our world today.’ -- Actu-Juridique‘The End of Law is a commendably dissenting intervention into the debate about how to shore up the foundations of law at a time of deepening uncertainty about what law is for and whether it is anything more than the outcome of a power contest. It’s thus also a -- timely one, at a moment when a legitimate moral pluralism threatens to collapse into a dangerous cultural and political fragmentation that places democracy and the rule of law in serious jeopardy.’– Jonathan Chaplin, Theos Think Tank'For some time, theistic Natural Law Theory has been dominated by the Thomism of the New Classical Natural Lawyers. In this book, David McIlroy develops an Augustinian, which is to say, more critically realist, reinterpretation of that tradition. Wide-ranging, erudite and accessible, this book provides refreshing and provocative new perspectives on the perennial questions of jurisprudence.' --Julian Rivers, University of Bristol, UK'This erudite and elegant volume offers a novel natural law theory of justice, law, and authority that is firmly grounded in the enduring teachings of St. Augustine but deftly engaged with a wide range of contemporary jurists, philosophers, and theologians. This is a book that can be read in an evening or two, but savoured for many years. Highly recommended.' --John Witte Jr., Emory University, USTable of ContentsContents: 1. What is the difference between a kingdom and a band of robbers? 2. What on earth are we talking about? 3. An end to war 4. The rule of law and the law of rules 5. The stable door 6. The good ending 7. Critical natural law 8. Justice: the terrible truth? 9. The agony of the law 10. The final judgment
£96.69
Edward Elgar Publishing Ltd Legal Doctrinal Scholarship: Legal Theory and the
Book SynopsisProviding a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship.Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.Trade Review‘In this volume, Ma´tya´s Bo´dig compellingly articulates a theory of legal doctrinal scholarship which deals with these questions and, more generally, with the epistemological and political implications of cultivating doctrinal knowledge about the law in the context of a modern state. Bo´dig’s theoretical strategy helps substantiate the assumption that rationality in law is a regulative ideal which legal scholars - and other participants - can live up to. Furthermore, it shows that the rational reconstruction of the law need not renounce its commitment to the legal sources. Although these are not the only ones, these achievements alone make Bo´dig’s work worthy of applause.’ -- Mari´a I Besomi, The Edinburgh Law Review'Competent legal scholars need to be familiar with the right ways in which claims about the law can be vindicated, but this does not imply they possess great awareness of either the epistemic status or the political implications of their scholarship. These are important and complex matters, whose grasp would greatly improve both our understanding of legal scholarship and assist legal scholars in further refining their art. Professor Bodig's Legal Doctrinal Scholarship faces up to the challenge of investigating the epistemology and politics of doctrinal scholarship with great skill and insight, providing a fresh perspective on a crucial aspect of the legal experience.' -- Claudio Michelon, University of Edinburgh, UK'The overwhelming majority of the work of legal scholars is doctrinal in nature: it analyses, defines, redefines and systematises legal concepts. The present volume offers a thorough, yet novel approach to how legal theory could and should help doctrinal research. Bódig illuminates convincingly the various epistemological and political philosophical preconditions of doctrinal legal scholarship, and how they differ in interdisciplinary research. It is an excellent read for all those legal scholars who wish to reflect theoretically on all these questions.' -- András Jakab, University of Salzburg, Austria'Bódig takes a fresh approach to the debate on legal scholarship by focusing on the epistemological profile of doctrinal research and connecting this with legal theory. This is the basis for identifying and addressing the challenges for interdisciplinary engagement. An original book providing much food for thought.' -- Wibren van der Burg, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction 2. Legal theoretical parameters 3. Doctrinal knowledge and modern state law 4. Legal doctrinal scholarship 5. The challenge of interdisciplinary engagement for legal scholarship 6. Legal theoretical implications Index
£104.00
Edward Elgar Publishing Ltd Evaluating Academic Legal Research in Europe: The
Book SynopsisLegal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective. The expert contributions explore developments relating to professional vs academic publications, editorial review vs peer review, rankings of journals and law schools vs other reputation mechanisms and a range of other evaluation practices and their intended and unintended effects. Analysing research evaluation practices across more than ten jurisdictions and multiple contexts, this insightful book reveals how evaluation practices differ across Europe. Through this analysis, the book exposes a range of possibilities for further debate and study. Engaging and topical, Evaluating Academic Legal Research in Europe will be valuable reading for legal academics, university and faculty managers, higher-education policy-makers and administrators as well as editors of law journals, legal publishers and research foundation and funding bodies.Contributors include: A. Bakardjieva Engelbrekt, K. Byland, D. Costa, J. Hojnik, P. Letto-Vanamo, A. Lienhard, D. Mac Síthigh, E. Maier, G. Peruginelli, N. Petersen, K. Purnhagen, A. Ruda Gonzalez, M. Schmied, M. Snel, R. van GestelTrade Review'I had the privilege to work with Andreas Lienhard on the topic of Evaluation of Legal Research in Switzerland. In a much needed further step, he has now, with Rob van Gestel, masterfully broadened the perspective on the European level. As the insightful introduction of the book shows, evaluating academic legal research is neither obvious nor easy. By comparing various national approaches, this book goes a long way towards better understanding a complex and high-stakes matter.' --Thierry Tanquerel, University of Geneva, Switzerland'[Law] is a discipline that is both venerable and vulnerable. In many ways, the legal discipline (my discipline) lags behind most of the other academic domains. If we want our discipline to catch up with the others, we need to develop reliable and transparent international standards for evaluating its quality. I truly hope that this great comparative book, with contributions from the finest legal scholars, will help us make significant progress. This is an issue that needs our urgent attention.' --Carel Stolker, President of Leiden University and author of Rethinking the Law School - Education, Research, Outreach and GovernanceTable of ContentsContents: Preface Introduction Rob van Gestel and Andreas Lienhard 1. Evaluation of academic legal publications in the United Kingdom Daithi MacSithigh 2. Evaluation of academic legal publications in The Netherlands Rob van Gestel and Marnix Snel 3. Evaluation of academic legal publications in Germany Kai Purnhagen and Niels Petersen 4. Evaluation of academic legal publications in Austria Elisabeth Maier 5. Evaluation of academic legal publications in Switzerland Andreas Lienhard, Karin Byland and Martin Schmied 6. Evaluation of academic legal publications in Sweden Antonina Bakardjieva Engelbrekt 7. Evaluation of academic legal publications in Finland Pia Letto-Vanamo 8. Evaluation of academic legal publications in Italy Ginevra Peruginelli 9. Evaluation of academic legal publications in France Delphine Costa 10. Evaluation of academic legal publications in Spain Albert Ruda-González 11. Evaluation of academic legal publications in Slovenia Janja Hoinik 12. Evaluation of legal publications on the EU level Marnix Snel 13. Conclusion and discussion Rob van Gestel and Andreas Lienhard Index
£146.00
Edward Elgar Publishing Ltd Truyol y Serra's Doctrines of International Law
Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index
£93.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£85.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£25.95
Edward Elgar Publishing Ltd Research Handbook on Modern Legal Realism
Book SynopsisThis insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law.Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR.Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and sociolegal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.Trade Review'This splendid volume displays a wide range of methodologically diverse, theoretically rich, and empirically grounded scholarship that thrives in the ''big tent'' of the new legal realism intellectual enterprise. The chapters creatively draw on both disciplinary and interdisciplinary social science frameworks to demonstrate the power and meaning of law in action throughout multiple social, economic, and political contexts around the globe. The book is a major achievement. Highly recommended for scholars and teachers of law!' -- Michael McCann, University of Washington, US'In every way imaginable this volume is superb. It picks up where the Old Legal Realism left off, and shows what the New Legal Realism has to offer. Its contributors are a who's who in their fields. Their well-written chapters are packed with insights. The book will serve a diverse audience. As a whole, the volume will force everyone who looks at it to place their interests in broad context. It is a stunning achievement.' -- Malcolm M. Feeley, University of California, Berkeley, US’This exciting Research Handbook is an essential resource on the New Legal Realism (NLR), which developed a distinctive genre of empirical research of law. The Research Handbook powerfully exemplifies NLR’s integrative strategy, which deploys mixed methods (qualitative and quantitative as well as observational and experimental) and is attentive to the challenge of translation between social science and law. Covering a wide range of timely topics, this rich Research Handbook provides valuable insights on legal institutions and the individuals and organizations that encounter law.’ -- Hanoch Dagan, Tel Aviv University, IsraelTable of ContentsContents: 1 Introduction to the Research Handbook on Modern Legal Realism 1 Shauhin Talesh, Elizabeth Mertz and Heinz Klug PART I VARIETIES OF LEGAL REALISM – THEN AND NOW 2 Realism then and now: using the real world to inform formal law 21 Elizabeth Mertz (with Marc Galanter) 3 East Coast Legal Realism and its progeny 36 Laura Kalman 4 From the periphery to the center and back? A brief history of Midwest Legal Realism 49 Paul Baumgardner and Ajay K. Mehrotra 5 European New Legal Realism: towards a basic science of law 67 Jakob v. H. Holtermann and Mikael Rask Madsen 6 Lessons for new Legal Realism from Africa and Latin America 82 Alexandra Huneeus and Heinz Klug PART II LEGAL REALIST SCHOLARSHIP MEETS CURRENT DILEMMAS SECTION A POLICING 7 Police violence in São Paulo: Between the asphalt and the hill 100 Sebastian Sclofsky 8 Police torture, a case for interdisciplinarity 112 Nick Cheesman 9 A Legal Realist approach to black-on-black policing 124 Devon W. Carbado and L. Song Richardson SECTION B IMMIGRATION 10 Transgressing boundaries through new Legal Realist approaches: Affinity and collaboration within ethnographic research on immigration law and policy 148 Susan Bibler Coutin 11 Enacting immigration politics in a juridical register 161 Leila Kawar and Jonathan Miaz 12 Critical legal rhetoric takes on immigration and refugee law 176 Sara L. McKinnon SECTION C LEGAL EDUCATION 13 New Legal Realism goes to law school: Integrating social science and law through legal education 191 Emily Taylor Poppe 14 Teaching an interdisciplinary law class 208 Marsha Mansfield and Elizabeth Mertz 15 Ambition and reality: Reforms of legal studies at the Faculty of Law at the University of Copenhagen 223 Louise Victoria Johansen and Anne Lise Kjær 16 New Legal Realism, eCRT, and the future of legal education scholarship 240 Meera E. Deo SECTION D INTERNATIONAL LAW, GLOBAL STANDARDS, AND REGIME CHANGE 17 The uses and abuses of global social indicators 263 David Nelken and Mathias Siems 18 “The life of the law has not been logic; it has been experience”: International legal ethnography and the New Legal Realism 277 Jens Meierhenrich and Richard Ashby Wilson 19 The judicialization of politics? 294 Heinz Klug SECTION E ACCESSING JUSTICE THROUGH LAW 20 A realist perspective on legal strategy in (the) practice 309 Liora Israël 21 Access to justice 323 Rebecca L. Sandefur 22 Planet of the insurers: how insurers shape and influence law and impact access to justice 335 Shauhin Talesh 23 Rendering rural property visible to law: a role for New Legal Realism 353 Thomas W. Mitchell 24 Urban property and housing rights in the time of the coronavirus 375 Lisa T. Alexander PART III DISCIPLINARY PERSPECTIVES 25 Anthropology 393 Riaz Tejani 26 Sociology of law and New Legal Realism 412 Calvin Morrill and Lauren B. Edelman 27 The pitfalls and promises of a New Legal Realism rooted in political science 431 Jeb Barnes 28 Psychology and legal realism 445 Tom R. Tyler 29 User’s guide to history 463 Sarah A. Seo 30 Jurisprudence and legal theory 478 Brian H. Bix 31 Law as a discipline: Legal theory, interdisciplinary legal theory, and ways of speaking legitimacy to power 489 Bryant G. Garth Index
£230.00
Edward Elgar Publishing Ltd Research Handbook on Law and Emotion
Book SynopsisThis illuminating Research Handbook analyses the role that emotions play, and ought to play, in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for legal officials and practitioners.Trade Review‘This book represents a delightful intellectual companion as well as an urgently needed interdisciplinary anthology. I wholeheartedly recommend lawyers’ engagement with this collection, and I wish it will be adopted by (law) schools around the world as an essential reading.’ -- Riccardo Vecellio Segate, Nordic Journal of Human Rights'It's high time that we appreciate the importance for law of emotions, like anger, disgust or empathy. Should law embrace emotion as inevitable, or discourage it for warping judgments and hampering fairness? The editors have gathered an impressive interdisciplinary range of perspectives on this flourishing field. Their superb collection of contributors reveal the importance of emotion not only in criminal law, but in bankruptcy, evidence, international law and other arenas. The power of emotion matters not only for juries, but for judges, legal educators and legislators. The Research Handbook of Law and Emotion is an innovative and thoughtful contribution that brings order to a complex unruly field.'Table of ContentsContents: Introduction 1 Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White PART I FOUNDATIONS PSYCHOLOGY 1 Lay conceptions of emotion in law 15 Terry A. Maroney NEUROSCIENCE 2 The evolving neuroscience of emotion: challenges and opportunities for integration with the law 27 Maria Gendron PHILOSOPHY 3 Law’s sentiments 44 Robin West PEDAGOGY 4 “Whose body is this?” on the role of emotion in teaching and learning law 62 Gillian Calder PART II EMOTIONS 5 When souls shudder: A brief history of disgust and the law 80 Carlton Patrick 6 Retribution: Not anger but respect for dignity 94 Jeffrie G. Murphy 7 Closure in the criminal courtroom: The birth and strange career of an emotion 102 Susan A. Bandes 8 The aptness of anger 119 Amia Srinivasan 9 Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion 131 Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith PART III LEGAL ACTORS 10 Comparing culturally embedded frames of judicial dispassion 147 Åsa Wettergren and Stina Bergman Blix 11 The loyal defence lawyer 165 Lisa Flower 12 Researching judicial emotion and emotion management 180 Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack PART IV LEGAL DOCTRINES 13 Family law and emotion 197 June Carbone and Naomi Cahn 14 Debt’s emotional encumbrances 215 Pamela Foohey 15 The emotional dynamics of property law 229 Heather Conway and John Stannard 16 ‘…You don’t pay £100,000 to a lawyer unless you care about something’: The role of emotion in contract law 248 Emma Jones 17 Engaging head and heart: An Australian story on the role of compassion in criminal justice reform 268 Lorana Bartels and Anthony Hopkins PART V LEGAL DECISION-MAKING 18 Emotional evidence in court 288 Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler 19 Emotional dimensions of visual evidence 312 Neal Feigenson 20 Distancing devices and their challenge to judicial emotion realists – so far, yet so near 327 Lee Marsons 21 The emotional storying of Charles Ssenyonga as an HIV sexual predator in June Callwood’s ‘Trial Without End: A Shocking Story of Women and AIDS’ 342 Jennifer M. Kilty PART VI HISTORY OF LEGAL EMOTIONS 22 Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy 359 Emilia Musumeci 23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374 Amy Milka and David Lemmings 24 Copping an attitude: Slang and the neglected racial history of fear and resentment toward law enforcement and legal authority 391 Nicole Mansfield Wright 25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe 407 Simon Stern 26 Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life 421 Kathryn D. Temple PART VII BEYOND THE COURTROOM LEGISLATION 27 Soft targets: Emotions in the passage of “stand your ground” legislation 438 Jody Lyneé Madeira and Catherine Wheatley INTERNATIONAL LAWS AND TRIBUNALS 28 Between micro and macro justice: Emotions in transitional justice 460 Susanne Karstedt 29 How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law 477 Rebecca Sutton 30 Images of reach, range, and recognition: Thinking about emotions in the study of international law 492 Emily Kidd White PART VIII CLASSIC ARTICLES 31 Empathy, narrative, and victim impact statements (1996) 514 Susan A. Bandes 32 Law and emotion: A proposed taxonomy of an emerging field 534 Terry A. Maroney 33 Who’s afraid of law and the emotions 566 Kathryn Abrams and Hila Keren Index 601
£237.00
Edward Elgar Publishing Ltd Research Handbook on Law and Marxism
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.The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarlydisciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.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
£240.00
Edward Elgar Publishing Ltd The Quest for Rights: Ideal and Normative
Book SynopsisIn an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both ''ideal'' and ''critical'' perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.Trade Review'The Quest for Rights explores both the meaning of, and justification for, fundamental constitutional rights. It is a quest to establish a strong meaning of the normativity of law, and its role in the social acts of positive law and legal instantiation. The incredibly varied contributions philosophically and critically engage with the thesis of Robert Alexy's ideal dimension of law, and offer a wide discussion of political and legal reasoning alongside the quest for proportionality in the realization of rights. This masterful book should be considered key reading in legal philosophy.' --Jean-Yves Cherot, Aix Marseille University, France'The Quest for Rights brings together an impressive array of scholars to discuss the central issues of human rights and constitutional law: grounds and legitimacy, pluralism and harmonisation, and proportionality and balancing. It is an admirable collection.' --Brian H. Bix, University of Minnesota Law School, US'The book offers an original discussion about law and rights and substantial contributions to the concept of subjective rights which, as Niklas Luhmann said, ''is probably the most important achievement of the evolution of law in modern times.'' It covers rights discourse in legal theory, in the human rights régime, in constitutional law and in private law and focuses on the relation between rights and justice, in which the ideal dimension of law is to be found.' --Thomas Gutmann, University of Muenster, GermanyTable of ContentsContents: Introduction Massimo La Torre, Leone Niglia and Mart Susi 1. A Non-Positivistic Concept of Constitutional Rights Robert Alexy 2. Radbruch’s Formula and Human Rights Martin Borowski 3. The Practice-Independency of Human Rights Luís Pereira Coutinho 4. Constitutional Rights as Moral Judgments Pavlos Eleftheriadis 5. A Response to Estonian Critics of Principles Theory Madis Ernits 6. How Right is the Basis of Law Matthias Kaufmann 7. Turning proportionality upside down: from legitimising principle to critical tool Agustín José Menéndez 8. Human Rights are not Universal and can not be Natural Rein Müllerson 9. Between “Institutionalizing Reason” and Private Law: A Comparative Map of Influences Leone Niglia 10. Balancing fundamental rights on the Internet – proportionality paradigm and private online capabilities Mart Susi 11. An Existential Foundation for Human Rights— Meaning Before Justification Massimo La Torre 12. Principles and policies: once more Kaarlo Tuori Index
£104.00
