Methods, theory and philosophy of law Books
Edward Elgar Publishing Ltd Jurisprudence in a Globalized World
Book SynopsisIn this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world. Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy. Contributors include: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Günther, M. Jovanovic, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. TwiningTrade Review'Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining's jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering - not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.' --Shaun McVeigh, The University of Melbourne, Australia'The globalization of law remains the biggest challenge for jurisprudence - our notion and understanding of law, law's unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!' --Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface viii 1 Introduction 1 Jorge Luis Fabra-Zamora PART I SETTING THE SCENE 2 Jurisprudence and globalisation 14 William Twining PART II METHODOLOGICAL QUESTIONS 3 Legal encounters with alterity in post-monist mode 26 Horatia Muir Watt 4 “Global/transnational law” challenges to theorizing about law 54 Miodrag Jovanović 5 Normative legal pluralism: a critique 84 Klaus Günther 6 Global historical jurisprudence: relating law and power in a global context 100 Maksymilian Del Mar PART III CONCEPTS AND CONCEPTUAL TOOLS 7 Globalisation and the concept of legal order 128 Hans Lindahl 8 Reining in pluralist jurisprudence with the rule of law 155 Matthew Grellette 9 Redrawing the legal relation 174 George Pavlakos PART IV NORMATIVE ISSUES: LEGITIMACY AND DEMOCRACY 10 Cosmopolitan legitimacy 196 Pavlos Eleftheriadis 11 Global constitutionalism without global democracy? Human rights and human dignity in a corporate world 222 Cristina Lafont 12 Neither democratic nor constitutional but legitimate: fragmentation and the legitimation of international law 247 Kevin W. Gray Index 268
£105.00
Edward Elgar Publishing Ltd Law in the First Person Plural: Roots, Concepts,
Book SynopsisThe first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the people. Providing an innovative understanding of Rousseau's politico-legal philosophy, this book illustrates the legal significance of plural agency and what it means for a people to act together: What do people share when using the word 'we'? What makes a people's actions political? And what exactly is 'bodily' about their joint commitment? Testing these ideas in three controversial modern debates - bio-technology, immigrant rights and populism - Van Roermund offers a critical assessment of 'political theology' in contemporary legal environments and establishes a new interpretation of joint action as bodily entrenched. Incisive and cutting-edge, this book is crucial reading for scholars of jurisprudence and legal and political philosophy, particularly those with a focus on Rousseauian theory. Students of jurisprudence and constitutional theory will also benefit from its philosophical and political insights, as well as its discussions of pressing real-world issues.Trade Review'Precision and vitality of thought are often at odds in works of legal philosophy. Never so in the work of Bert van Roermund, whose new book Law in the First Person Plural takes us back to Rousseau, just in time. We are fortunate to be able to think with him about what is popular and what is constitutional or legislative, political or institutional, in the contexts of popular constitutionalism, the EU's democratic deficit and more.' --Bonnie Honig, Brown University, USTable of ContentsContents: Preface Introduction Part I Roots: Re-Reading Rousseau 1. An Inconvenient Legacy 2. Meeting the Challenges Part II Concepts: We As a Body Politic 3. First Person Plural Legislature 4. Joint Law Making: From Reference to Action 5. A first person plural body? Part III Topics: First Persons Plural in the Flesh 6. The Embryo as First Person Plural Concept in EU Law 7. Migrants, Humans and Human rights: Freedom of Movement in a First Person Plural Key 8. The Half Truth of Contemporary Populism: Keeping a False ‘We’ at Bay Bibliography Index
£105.00
Edward Elgar Publishing Ltd Rethinking Law and Language: The Flagship
Book SynopsisThe 'law-language-law' theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Focusing on the multilevel phenomenon of 'speech', Jan M. Broekman explores the history of this theme, from the West-European Middle Ages, through to today s globalization. Existing philosophical concepts are studied for their views on 'alter', other and otherness in speech, alongside scientific approaches including 'semiotics', 'structuralism' and, in particular, 'legal consciousness'. This state-of-the-art book unveils today s problems with the two faces of language: the analog and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. Innovative and explorative, Rethinking Law and Language will be of value to law scholars, social scientists and psychologists alike. The investigation of professional language and the impact of digital communication on social relations will also appeal to judges and other officials as well as politiciansTrade Review'Ties between law and language have always been of interest in socially problematic situations as well as in legal and speech events in everyday life. Rethinking them brings us to Thomas Hobbes' Leviathan and later developments in Central European jurisprudence, to Marxian considerations, structuralism and sign theories. Unique in this book is the author's focus on problems with the two faces of language: the analog and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. How does law answer that challenge and is developing cyberlaw enough? Such questions remain unanswered as long as we do not focus on our personal responsibility for the event we call ''speech'' - the name of the flagship language - no matter whether we speak, Tweet or write on Facebook.' --Frank Fleerackers, KU Leuven, Belgium'A central thesis of this book is its recognition of the double definition of the term ''word'', which has also been neglected in studies of law and language relations. A ''word'' exists in analog and digital types of language, whereas conversions among those types seem to catastrophically diminish the appreciation and effects of a renewed appeal to personal responsibility inherent to speech. Any philosophy of the language-law relationship, the book suggests, should establish ''digit studies'': a branch that studies the digital media structures and its effects on languages around the globe.' --Anne Wagner, Lille University, France'I am struck by the way in which the book very convincingly weaves the idea of ''legal consciousness'' into the larger framework of legal semiotics, making the former inescapably an essential element of the latter. By all rights: that should serve as the headwater of a broad flow of discourse on the nature of law and language. Let's hope that this endeavour finds a good number of intelligent readers who are moved to respond.' --Philip T. Grier, Dickinson College, USTable of ContentsContents: 1. Rethinking Speech 2. Hobbes’ Frontispiece 3. Von Savigny’s ‘People’ 4. Signs Signify 5. Structuralism And Law 6. Alter’s Presence 7. What Language, What Law? 8. Word, Seme, Digit 9. The Flagship’s Wreckage References Index
£110.00
Edward Elgar Publishing Ltd Teaching the Essentials of Law and Economics
Book SynopsisTeaching the Essentials of Law and Economics covers the core areas of law and economics, also known as the economic analysis of law, in non-technical terms with guiding notes throughout the text. Replete with cases and illustrations, it may be used both as a lecture guide for instructors, and as a basic text for students. The author provides an up-to-date and succinct account of the application of economic analysis to legal doctrines, institutions and legal reform. Classic cases taken from Anglo-American common law, with some consideration of civil law, along with more recent material, are used to illustrate the analysis. The book has a non-technical, built-in system designed to guide teaching as well as private study of the material. Professors and instructors teaching this growing field of inquiry as well as legal scholars interested in the influence of economics on American law, economists analyzing the incentive structure of legal systems and doctrines, public-policy students considering legal reform and judges and legal personnel seeking a succinct treatment of economics of law will be indebted to the author for this guide to Teaching Essentials of Law and Economics.Trade Review'Professor Antony Dnes has written a few books in Law and Economics to general audiences in the last decades. But this is not just another book introducing law and economics to lawyers, economists, social scientists and policy makers. This is a different book in teaching the essentials of law and economics. Why different? The reason is that it provides for a unique combination of the standard introduction to law and economics, as typically taught in advanced degrees in universities across the world, with a novel approach to focusing on fundamental concepts and practical examples. Furthermore, each chapter concludes with a thorough state-of-the-art literature review offering different perspectives. The book can be explored alongside more traditional study materials, thus benefitting students and instructors. It can be used by legal practitioners as a quick access to specific topics or notions in law and economics. It can be read by the general public looking for a simple, yet rigorous, explanation for economic insights to legal policy.' --Nuno Garoupa, George Mason University, USTable of ContentsContents Preface 1. What is “Law and Economics?” 2. Property rights. 3. Conflicts over property rights 4. Contracts, information and trade 5. Breach of contract 6. Essential economics of tort law 7. Crime and punishment Index
£93.00
Edward Elgar Publishing Ltd State Theory and the Law: An Introduction
Book SynopsisThere has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today’s western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages – the three layers constituting the modern state – and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.Trade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index
£94.00
Edward Elgar Publishing Ltd Legal Certainty in the Preliminary Reference
Book SynopsisThis forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges’ legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn’s approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.Trade Review‘Scholars of EU law have long neglected the works of American legal theorists, and the value they possess for establishing stronger insights into the EU legal order. In utilising the work of Llewellyn, and applying it to a European judicial setting, this book by Cotter is a remarkable piece of scholarship in EU legal theory, and on the judicial nature of the Court of Justice of the European Union.’ -- Graham Butler, Aarhus University, Denmark‘How can legal certainty be ensured in the preliminary rulings procedure? Drawing on the work of Karl Llewellyn, John Cotter’s important book identifies certain ‘steadying factors’ that can help in the search for robust judicial outcomes. It will appeal to anyone interested in the CJEU and EU law more broadly.’ -- Anthony Arnull, University of Birmingham, UKTable of ContentsContents: Preface PART I INTRODUCTION 1. Obstacles to Legal Certainty in the Preliminary Reference Procedure 2. ‘Steadying Factors’ in the Article 267 TFEU Preliminary Reference Procedure 3. ‘The Argument and ‘First Principles’ PART II INTERNAL EXTRA-LEGAL STEADYING FACTORS 4. The Steadying Effect of ‘Law-Conditioned Officials’ 5. ‘The Judges of the Court of Justice and ‘Law Conditioning’ PART III EXTERNAL EXTRA-LEGAL STEADYING FACTORS 6. The Steadying Effect of an Independence–Accountability Balance: A Hypothesis 7. ‘Susceptibility to Countermeasures for ‘Scenario 1’ (‘Legal and Acceptable’) Rulings 8. Susceptibility to lawful countermeasures for ‘scenario 2’ (‘legal’, but ‘unacceptable’) rulings 9. Susceptibility to Unlawful Countermeasures for ‘Scenario 2’ (‘Legal’, but ‘Unacceptable’) Rulings 10. Susceptibility to Countermeasures for ‘Scenario 3’ (‘Illegal’, but ‘Acceptable’) and ‘Scenario 4’ (‘Illegal’ and ‘Unacceptable’) Rulings PART IV PROCEDURAL EXTRA-LEGAL STEADYING FACTORS 11. The Order for Reference as ‘Steadying Factor’ I: ‘Issues Limited, Sharpened, and Phrased in Advance’ 12. The Order for Reference as ‘Steadying Factor’ II: ‘A Frozen Record from Below’ 13. The Steadying Effect of Argument before the Court of Justice 14. The Steadying Effect of ‘A Known Bench’ 15. Steadying Factors in Deliberative and Decision-making Procedures 16. Conclusion Bibliography Index
£104.00
Edward Elgar Publishing Ltd The Rule of Law, Economic Development, and
Book SynopsisGrounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.Trade Review'Nadia E. Nedzel's The Rule of Law, Economic Development, and Corporate Governance applies the concepts of the rule of law to the real world and how it affects real lives through its impact on freedom, economic development, and even corporate governance. But she also shows us that asking law to do too much-trying to make people ''do good'' instead of ''not doing bad''-can threaten the rule of law itself. A splendid overview of the history, jurisprudence, and practical import of the rule of law.' --Todd Zywicki, George Mason University, USTable of ContentsContents: Preface: 1. Introduction: Two Different Western Models 2. The Growth of the English Rule of Law 3. The Development of the Continental Rule through Law 4. The United States, Checks and Balances, and a Commercial Republic – An Experiment 5. The Conflict between Rechtsstaat and the Rule of Law in the United States 6. Economic Development in Europe and the United States 7. Economic Freedom, Development, and Entrepreneurship: The Dominance of Common Law 8. Corporate Governance Index
£95.00
Edward Elgar Publishing Ltd Vox Populi: Populism as a Rhetorical and
Book SynopsisThis timely and engaging book examines the rise of populism across the globe. Combining insights from linguistics, argumentation theory, rhetoric, legal theory and political theory it offers a fully integrated characterization of the form and content of populist discourse. Throughout the book, eminent scholars address questions central to the topic, such as: how does populism manifest itself rhetorically; how does it relate to liberal democracy; and how can the populist challenge be confronted? Carefully selected case studies are used to examine how populist behaviour deviates from that which we would expect to be the norm in a liberal democracy, for example through the use of obnoxious language and refusal to substantiate vulgar claims. The book also provides key insights into more fundamental issues, such as the opposition between the 'real' people versus the elite and the longing for a 'Heimat'. Offering an in-depth analysis and evaluation at the intersection of language, law and politics, Vox Populi will be of great benefit to students and scholars from a range of disciplines.Table of ContentsContents: PART I: CONCEPTUAL ISSUES 1. Introduction: The Study of Populism Henrike Jansen, Bart van Klink and Ingeborg van der Geest 2. The Rhetorical Stance of Populism David Zarefsky and Dima Mohammed 3. On Populism as a ‘Spectre’, and Unmanageable Concept Massimo La Torre PART II: CONSTRUCTION OF THE PEOPLE 4. Identifying Populism in Political Discourse: A Two-Step Corpus Analysis Henk Pander Maat 5. The Populist Construction of ‘One Nation’ in Politics: The Case of Turkey Yeliz Demir 6. The Different Faces of Populism: Discursive Shifts under Obama and Trump Carina van de Wetering PART III: POPULISM AS A STYLE 7. Suggesting Outsider Status by Behaving Improperly: The Linguistic Realisation of a Populist Rhetorical Strategy in Dutch Parliament Ton van Haaften and Maarten van Leeuwen 8. Populism and Parliamentary Argumentation Games Bertjan Wolthuis 9. Low Style the High Way: Rhetorical Mainstreaming of Populism Lisa Storm Villadsen PART IV: DEMOCRACY AND REPRESENTATION 10. The Immediacy of Populism and the Unrest of Democracy: A Phenomenological Inquiry into the Public Sphere Luigi Corrias 11. The Promise and Peril of Designing: A Radical Democratic Populism Laura M. Henderson 12. The Policy Dimension of Populism: A Comparative Approach of Party System Analysis Oliver W. Lembcke PART V: RESPONSES TO POPULISM 13. Values in Populism and Argumentative Counter-Strategies: The Case of Viktor Orbán Marija Sniečkutė 14. From Fact-Checking to Rhetoric-Checking: Extending Methods for Evaluating Populist Discourse H. José Plug and Jean H. M. Wagemans 15. How to Confront the Populist Challenge? Bart van Klink and Ingeborg van der Geest Index
£105.00
Edward Elgar Publishing Research Handbook on Law and Utilitarianism
Book Synopsis
£220.00
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
£32.25
Edward Elgar Publishing Ltd Advanced Introduction to Legal Reasoning
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Legal Reasoning
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index
£19.95
Edward Elgar Publishing Ltd Controlling EU Agencies: The Rule of Law in a
Book SynopsisControlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Türk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. WoodTrade Review'This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).' --Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, USTable of ContentsContents: 1 Controlling EU agencies: an introduction 1 Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer PART I CONTROL IN A MULTI-JURISDICTIONAL SETTING OF THE EU: CONCEPTUAL PERSPECTIVE 2 EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law 18 Mariavittoria Catanzariti and Alexander H. Türk 3 Opportunities and threats of agency autonomy in EU governance: integrating separate debates 39 Bjorn Kleizen and Koen Verhoest 4 Accountability in a multi-jurisdictional order 60 Gijs Jan Brandsma and Carolyn Moser 5 Principle of effective judicial protection 80 Sacha Prechal and Rob Widdershoven 6 Judicial review and judicial deference 98 Paul Craig 7 EU agency tort law and its limited role in controlling agencies 117 Elbert de Jong 8 Protection of fundamental rights in a multi-jurisdictional setting of the EU 134 Frank Meyer 9 Transparency in the multi-jurisdictional setting of the EU 157 Anoeska Buijze PART II CONTROL IN THE INSTITUTIONAL SET UP AND OPERATION OF EU AGENCIES 10 Out of control? The case of the European Asylum Support Office 177 Salvatore F. Nicolosi and David Fernandez-Rojo 11 Controlling the European Food Safety Authority 196 Simone Gabbi, Matthew Wood and Béla Strauss 12 Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers 215 Federica Cacciatore and Mariolina Eliantonio 13 Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters 234 Tom Huisjes and Stanisław Tosza 14 Controls in the case of the EU civil aviation safety rules 252 Lisette Mustert and Miroslava Scholten 15 Controlling ESMA’s enforcement powers 272 Marloes van Rijsbergen and Marta Simoncini 16 Controlling the SRB’s resolution powers 293 Jolien Timmermans and Merijn Chamon 17 Towards a comprehensive system of controls for EU agencies 312 Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos Index 328
£126.00
Edward Elgar Publishing Ltd The International Rule of Law: Scope, Subjects,
Book SynopsisThis insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.Trade Review'Virtually everyone seems to agree that the rule of law is a good thing, but there is enormous variation in what it means domestically and, in particular, what it might mean internationally. In this important book Denise Wohlwend takes seriously the idea of an international rule of law that is more than just an extension of its domestic counterpart operating to the benefit of states. On the contrary, she argues, it should complement rather than compete with the political and legal aspirations of protecting individuals from unregulated power.' -- Simon Chesterman, National University of SingaporeTable of ContentsContents: 1. Introduction to The International Rule of Law 2. The rule of law 3. The rule of law in question 4. The emergence of the rule of law in international law and practice 5. Setting the stage for the international rule of law 6. The scope of the international rule of law 7. The subjects of the international rule of law 8. The generality of international law 9. The publicity of international law 10. The non-conflictingness and non-contradictoriness of international law 11. Conclusion to The International Rule of Law Index
£109.00
Edward Elgar Publishing Ltd Expert Laws of War: Restating and Making Law in
Book SynopsisOver recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. This theoretically grounded book bridges the divide between theory and practice by linking legal theory to the doctrinal and practical concerns of the laws of war. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'. At the same time, he explains why expert processes are so successful and why this should be of concern to all of us. Stimulating and challenging, this book will prove essential reading for students and scholars of public international law, legal theory, and those focussing on the laws of war more specifically. Its practical approach will also greatly benefit legal practitioners working in the field of military law.Trade Review‘Petrov’s Expert Laws of War provides a fresh perspective and scrutiny of an otherwise routinely used tool in IHL.’ -- Aisha Nazzal, University of Tasmania Law Review'This is an excellent work that fills a large gap in international humanitarian law. That gap is how to understand, utilise and value the soft law made by experts, which increasingly fills the spaces where hard law is yet to solidify. Such analysis makes this work an essential piece of scholarship for those who take progress in this area seriously.' --Alexander Gillespie, University of Waikato, New Zealand'This book aims at bringing to light the phenomenon of expert manuals, notable for example in the field of IHL. There is a tension between the deadlock in international treaty-making and the substitutive function of experts proclaiming to restate the law. Political legitimacy lies with those who do not act (states), while those who act are deprived of it (experts). A blind spot is thus brought to the fore in a highly engaging manner in this interesting book: to what extent is ''private legislation'' an acceptable avenue in the crafting of international legal rules? Can this process gloss over the insufficiencies of the law and ''restate'' it? Can it respond to the demands for law by the concerned actors, when States do not respond? --Robert Kolb, University of Geneva, Switzerland'What role do expert manuals play for the development of international humanitarian law? How can their great factual importance be reconciled with the rules on the sources of international law as well as requirements of legitimacy and representation? Anton Petrov's book is a lucid engagement with these questions. It will be of great value to scholars and practitioners in international humanitarian law and beyond.' --Helmut Aust, Freie Universität Berlin, GermanyTable of ContentsContents: 1. Introduction: Just another instance of expert rule? 2. A survey of expert processes in international humanitarian law 3. The methodological challenges of expert processes 4. Normatively flawed, but empirically valid expert manuals 5. The community of international humanitarian law 6. The expert groups’s interpretive authority 7. A critical review of expert groups as advocates of international humanitarian law 8. Conclusion: Expert processes as a mirror of life Bibliography Index
£104.00
Edward Elgar Publishing Ltd The EU and Constitutional Time: The Significance
Book SynopsisThis insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time. The author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.Trade Review‘Massimo Fichera examines the constitutional dimensions of the European Union in this learned and intellectually rich volume. He explains but also challenges many familiar constitutional concepts and categories. This book brims with ideas and is critical reading for anyone concerned with the problems and promises of modern constitutionalism.’ -- Richard Kay, University of Connecticut, US‘Massimo Fichera has produced a highly original and enlightening extended essay on the way in which the passage of time is factored into the constitutional imaginary both of the modern State and of the ‘postmodern’ European Union. In so doing, he offers an important response to those voices – theoretical and practical – that doubt the capacity of Europe to frame a common political future.’ -- Neil Walker, University of Edinburgh, UK‘This book defends the ambitious thesis that if constitutions articulate what a collective commits to over time, so, too, different interpretations of the temporality of commitment inform different constitutional ideal types. The fractal temporality of communal constitutionalism is well suited, to deal with the challenges of societal commitment in multi-level governance.’ -- Hans Lindahl, Tilburg University, the Netherlands, and Queen Mary University of London, UKTable of ContentsContents: 1. Constitutionalism ideal-types 2. Framing EU constitutional time: a future-oriented theory of constitutional change for the EU 3. The rule of law and populism 4. Longue durée and the economic constitution 5. Communal constitutionalism and the paradox of ‘large time’ 6. The EU and constitutional time: conclusions Bibliography Index
£80.00
Edward Elgar Publishing Ltd Hashtag Jurisprudence: Terror and Legality on
Book SynopsisThis thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a ‘hashtag jurisprudence’ can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.Trade Review‘Urgently needed and meticulously orchestrated, Hashtag Jurisprudence drags a frequently resistant jurisprudence into the milieu of social media and the culture of tweeps, terrorists and Twitter. Continuing in the fine tradition of lex populi or people's law, Cassandra Sharp embarks upon the vital theoretical and empirical work of analyzing these viral relays and crowd sourced critiques of legal practices.’ -- Peter Goodrich, Cardozo School of Law, New York, US‘Sharp’s study of the response to terror on Twitter is a brilliant exploration of the digital public square in the perpetual shadow of violence (from within law and without). How law’s imperatives and aspirations are shaped in the popular imagination will help to determine its future possibilities. Sharp is an intrepid guide on the way forward. Her grasp of the law and cultural studies movement is impeccable. She has given us a landmark study filled with new and provocative insights.’ -- Richard K. Sherwin, New York Law School, US‘Terror and social media have so far defined the twenty-first century. In this fabulous cross-disciplinary book, Cassandra Sharp focuses on how the intertwining of terror and social media has formed an emotive archive that prioritises legality. Within there is a witnessing of terror that immediately presents as affirming and critiquing existing legal forms. Sharp as an original contributor to cultural legal studies sees beyond the known problematics of platforms, to take seriously the representations of legality within the raw expressions by social media users in exceptional moments. Hashtag Jurisprudence highlights the gaps and disconnects between the formal institutional narratives of the law and the everyday jurisprudence that is immanent in the digital.’ -- Kieran Tranter, Queensland University of Technology, AustraliaTable of ContentsContents: Preface 1. Weaving the hashtag into the fabric of legality 2. Hashtagging as persuasive storytelling 3. Finding legality in a hashtag of terror 4. Terrorism as an inevitable possibility 5. Hashtag as coping strategy: ultimate justice, solidarity, and nationhood 6. Contagious emotions: fear and hope 7. Legality and a latent hashtag jurisprudence Bibliography Index
£83.00
Edward Elgar Publishing Ltd Conceptual (Re)Constructions of International Law
Book SynopsisThis timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.Trade Review‘This volume offers a deep dive into some of the most interesting questions at the intersection of philosophy and international law. It is brimming with thought-provoking insights and presented in a conversational style that opens, rather than forecloses, the conversation.’ -- Monica Hakimi, University of Michigan Law School, USTable of ContentsContents: Introduction 1 Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman PART I CONSTRUCTING INTERNATIONAL LAW 1 The interaction of doctrine and theory in (international) legal scholarship 9 Jörg Kammerhofer 2 Legal scholarship as design: A comment on Kammerhofer 27 Pauline Westerman 3 The Oxford Jurisprudence Circle: A lost legacy on customary (international) law 32 Andreas Hadjigeorgiou 4 The Oxford Jurisprudence Circle’s lost legacy: Transformational discovery or historical curiosity? Reply to Andreas Hadjigeorgiou 51 David Lefkowitz 5 Fragile, nascent, and in critical condition: Dworkin on international law 55 David Lefkowitz 6 Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law 74 Aaron Fichtelberg PART II DECONSTRUCTING INTERNATIONAL LAW 7 From decay to renewal in international law: Is a philosophy of international law possible? 80 Anthony Carty 8 Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty 98 Andreas Hadjigeorgiou 9 Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity 105 Maiko Meguro 10 On international law on language: observations from constructivism: A reply to Maiko Meguro 123 Tamar Megiddo 11 Opinio juris: test, filter, ideal or map? 127 Pauline Westerman 12 The myth of ‘identification’: Customary international law and international courts 145 Maiko Meguro PART III RECONSTRUCTING INTERNATIONAL LAW 13 Rootless sovereignty: Methods and foundations in international law 151 Aaron Fichtelberg 14 What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg 166 Anthony Carty 15 Peaks and valleys: Contemplating the authority of international law 171 Kostiantyn Gorobets 16 Wherefore ‘authority’? International law and the contest of legal cultures 188 Jörg Kammerhofer 17 International law as a ground for action 192 Tamar Megiddo 18 The individual and its fidelity to international law: a kaleidoscope – Reply to Tamar Megiddo 210 Panos Merkouris 19 The ‘correct interpretation’ premise in international adjudication 215 Panos Merkouris 20 Chasing the ‘correct interpretation’: Reply to Panos Merkouris 234 Kostiantyn Gorobets Index
£109.00
Edward Elgar Publishing Ltd Law’s Reality: A Philosophy of Law
Book SynopsisAllan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism.Examining all aspects of law and answering the important question of ‘What is Law?’, this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.Trade Review‘Professor Allan Beaver writes this book with lucidity, meticulousness and what is perhaps a rarer virtue in jurisprudential writings, a great sense of humour.... readers of this book will undoubtedly find that each part contains helpful elucidations, forceful arguments and original insights.’ -- Ziyu Liu, The Cambridge Law Journal‘This book is a sustained and penetrating application of the linguistic and social philosophy of John Searle to legal theory. Convincingly affirming the insufficiently explored interest of Searle’s work in this regard, questions, including the question What is Law?, are posed at a fundamental level, and highly interestingly answered. One initially will hesitate about a work of this ambition, but Beever’s previous critique of the foundations of obligations and of legal reason has allowed him to entertain, and in considerable measure satisfy, such ambition. This could be a path-breaking book.’ -- David Campbell, Lancaster University Law School, UKTable of ContentsContents: Introduction PART I THE PHILOSOPHY OF LAW AND JURISPRUDENCE 1. Jurisprudence 2. Philosophy PART II THE STRUCTURE OF THE SOCIAL WORLD AND THE ONTOLOGY OF LAW 3. Intentionality 4. Language 5. Background 6. Interpretation 7. Institutions 8. Law PART III RECONSTRUCTING THE PHILOSOPHY OF LAW 9. Directions 10. Rules 11. Normativity 12. Procedure 13. Principles 14. Authority 15. Dualism 16. Morality 17. Understanding 18. Justification 19. Conclusion Bibliography Index
£114.00
Edward Elgar Publishing Ltd Private Law in Context: Enriching Legal Doctrine
Book SynopsisContemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.Trade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index
£95.00
Edward Elgar Publishing Ltd States of Exception: Human Rights, Biopolitics,
Book SynopsisConsidering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.Costas Douzinas assesses and critiques the ways in which governments responded to three emergencies: the 2008 economic crisis, the large flows of refugees and migrants since the 2010s, and the COVID-19 pandemic. Utilising Foucault’s theory of biopolitics and Douzinas’ experience as a critical scholar and politician, this insightful book reviews the law and politics of emergency and proposes a theory and future pathways of resistance. Ultimately, States of Exception asks to what extent critical legal theory can inform radical politics and argues that human rights are not the ‘last utopia’ but a combination of the unfulfilled promise of dignity with the desire to transcend inequality and exploitation.This multidimensional exploration of the intersection between critical legal theory, human rights philosophy and radical politics offers a unique insight to students, academics and researchers specialising in legal theory, human rights law, jurisprudence and politics. It will also prove beneficial for professionals and practitioners working in the legal and political sectors.Trade Review‘A tour de force. Costas Douzinas brings his unique critical acumen and extraordinary erudition to bear on his first-hand experience—as a founder of critical legal studies in the UK and an MP in Greece’s Syriza parliament in the 2010s—of the grinding dissolution of public autonomy in the relentless advance of global neoliberalism. Douzinas coins the term “neolegalism” for the curious legal architecture that has spread from interwar Vienna, wartime London, postwar Chicago and Cold War Santiago to its thorough globalisation in the “polycrisis” of the 2020s. Neolegalism, in Douzinas’s account, combines the brutal authoritarianism of a strong-arm state, stoking a cowed general public, with the freedoms of a market order for transnational plutocrats, with a growing subclass of homeless refugees caught in-between. Its normalisation is symbolised in the Covid-19 regime, premised on ‘necessity’ rather than exception. Required reading to understand our current predicament.’ -- Stephen Humphreys, London School of Economics, UK‘Costas Douzinas’s States of Exception offers a crucial diagnosis ofour troubled times. In this remarkable book, Douzinas draws t together his critical legal theory of law and life in states of exception with his political experience in Greek government to analyse our current political situation. Rather than despairing at our current political realities, States of Exception powerfully argues for the possibilities for collective action in resistance, political praxis, andStates of Exception is a compelling and eloquent book that sets out a critical legal theory for our time. The illuminating discussion of political praxis, thought provoking analysis of legal and political theory, and important account of contemporary law and emancipatory politics make States of Exception essential reading. This important book will be a vital source of theoretical and political insights for all those seeking to understand our present and build an -- alternative future.’– Kirsten Campbell, Goldsmiths College, UK‘Part intellectual autobiography, part critical legal retrospect, and part manifesto for radical human rights, this book sees “Douzinism” come of age. States of Exception provides an adroit combination of theoretical abrasiveness, hard earned political realism, and the amicable generosity of solidarity. It is the last that lingers longest. The book offers faith in critique and an unquenchable glimpse of a utopian disposition.’ -- Peter Goodrich, Cardozo School of Law, US‘Douzinas at his very best! The book demonstrates the immense power of contemporary critical legal theory to help us grasp the world around us. It will be indispensable for those who seek to understand the role of law, rights, the state and international relations in the wake of the Covid pandemic.’ -- Illan Wall, University of Warwick, UK‘Costas Douzinas’ work, as a writer, teacher, mentor and editor, has been pivotal to the development of critical legal scholarship in Britain since the 80s. States of Exception, his most personal book to date, gives us a synthesis of the extraordinary range of earlier thematics, imbued now with what it has meant for him to have defended the “desire called utopia” in the “more positive tonality” of his political involvement as an MP for the radical left in Greece, during the difficult years of the conditionalities and the memoranda. This is a book that reflects Douzinas’ unwavering faith in popular resistance, in people’s acts of solidarity, sacrifice and care. From that insistent demand that rights, solidarity and justice will not be surrendered to the logic of capital, he draws a restatement of the dignity of natural law which, like in that other heretical Marxist natural lawyer, Ernst Bloch, points us beyond current political compromises and lies to the “orthopaedia” - the upright posture - of critical thinking.’ -- Emilios Christodoulidis, University of Glasgow, UKTable of ContentsContents: Introduction: the sense of an ending PART I STATES OF EXCEPTION, STATES OF NECESSITY 1 Biopolitics, rights, subjects 2 States of exception, states of necessity 3 Protest and resistance in the pandemic 4 A theory of resistance 5 Refugees: politics, law, ethics PART II CRITICAL REFLECTIONS ON HUMAN RIGHTS 6 Human rights in history 7 Law, morality, politics 8 Neolegalism 9 Cosmopolitanism and just wars 10 The desire called utopia Index
£100.00
Edward Elgar Publishing Ltd The State of Cultural Biology: Regulating
Book SynopsisOffering a novel and pragmatic perspective, this timely book critically examines the development of a culture of machinist regulation and questions whether this approach is appropriate in an era of rising biological technologies. Adopting an ontological approach, James Griffin considers how current regulatory frameworks favour digital technology and how this may change in the future.Griffin adeptly investigates how regulation can impact the nature of new technologies, especially as biological computing is becoming more commonplace. Chapters provide a wealth of critical analysis, considering cutting-edge technologies such as AI, prosthesis, and biological computing. Griffin outlines a proposed reformative system which focuses on the biological substrate in the creation of cultural works. The book serves to highlight the ever-increasing need for awareness of the importance of biological substrates and for a regulatory system which reflects this.The State of Cultural Biology will be an essential read for academics and students interested in intellectual property law, law and technology, legal philosophy and law’s role in society. It will also prove invaluable to policymakers and professionals looking to broaden their knowledge on the regulation of modern technology.Trade Review‘Dr James Griffin presents a ground-breaking and visionary exploration into the fascinating world of biological computing, which sets this book apart. Through a captivating blend of rigorous research and real-world examples, Dr James Griffin skilfully showcases the profound impact of cultural context on our genetic expression and cognitive development, unearthing the insights that challenge conventional thinking on traditional (binary) computing. Dr James Griffin delivers an unparalleled examination of biological computing’s regulatory mechanisms that underpin this intricate interdependence of culture and biology. This book paves the way for a revolutionary advancement in various disciplines, from psychology to artificial intelligence. I found myself continuously inspired and enlightened by the fresh perspectives offered in this book.’ -- Hing Kai Chan, University of Nottingham Ningbo China, ChinaTable of ContentsContents: Preface 1 Introduction to the State of Cultural Biology 2 The machinic State 3 The biological State 4 The biology of legal nothingness (the invisible hand of biology) 5 The false turn of digital technology 6 The wider view: New Technologies 7 Reform 8 Conclusions on the State of Cultural Biology Bibliography Index
£90.00
Edward Elgar Publishing Ltd Legal Fictions in International Law
Book SynopsisThis innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.Trade Review‘The topic of legal fictions is making a much-deserved comeback, following Jeremy Bentham’s scornful critique of them in English common law. In this cautiously enthusiastic defence, Reece Lewis identifies, taxonomises and evaluates the presence of fictions in international law. The result is a treat for international lawyers and legal theorists alike.’ -- Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: 1. Introduction: examining international legal fictions 2. Legal fictions 3. International legal fictions 4. The evaluation of international legal fictions 5. Effective elements of international legal fictions 6. Detrimental elements of international legal fictions 7. Implications and reflection 8. Conclusion Bibliography Index
£87.00
Edward Elgar Publishing Ltd Teaching the Essentials of Law and Economics
Book SynopsisTeaching the Essentials of Law and Economics covers the core areas of law and economics, also known as the economic analysis of law, in non-technical terms with guiding notes throughout the text. Replete with cases and illustrations, it may be used both as a lecture guide for instructors, and as a basic text for students. The author provides an up-to-date and succinct account of the application of economic analysis to legal doctrines, institutions and legal reform. Classic cases taken from Anglo-American common law, with some consideration of civil law, along with more recent material, are used to illustrate the analysis. The book has a non-technical, built-in system designed to guide teaching as well as private study of the material. Professors and instructors teaching this growing field of inquiry as well as legal scholars interested in the influence of economics on American law, economists analyzing the incentive structure of legal systems and doctrines, public-policy students considering legal reform and judges and legal personnel seeking a succinct treatment of economics of law will be indebted to the author for this guide to Teaching Essentials of Law and Economics.Trade Review'Professor Antony Dnes has written a few books in Law and Economics to general audiences in the last decades. But this is not just another book introducing law and economics to lawyers, economists, social scientists and policy makers. This is a different book in teaching the essentials of law and economics. Why different? The reason is that it provides for a unique combination of the standard introduction to law and economics, as typically taught in advanced degrees in universities across the world, with a novel approach to focusing on fundamental concepts and practical examples. Furthermore, each chapter concludes with a thorough state-of-the-art literature review offering different perspectives. The book can be explored alongside more traditional study materials, thus benefitting students and instructors. It can be used by legal practitioners as a quick access to specific topics or notions in law and economics. It can be read by the general public looking for a simple, yet rigorous, explanation for economic insights to legal policy.' --Nuno Garoupa, George Mason University, USTable of ContentsContents Preface 1. What is “Law and Economics?” 2. Property rights. 3. Conflicts over property rights 4. Contracts, information and trade 5. Breach of contract 6. Essential economics of tort law 7. Crime and punishment Index
£29.95
Edward Elgar Publishing Ltd The Insanity Defense: A Philosophical Analysis
Book SynopsisThis unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology.In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense.The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.Trade Review‘Wojciech Zaluski’s work focusing on the insanity defense, one of the classic problems of criminal law, is an excellent demonstration of how to impartially explain the presumptive underpinnings of this field, an approach which is often absent within ordinary approaches to legal argumentation. The book will be of great assistance for every judge, attorney and professor of criminal law, helping to deepen reflections on the problem of the insanity defense.’ -- Marek Zirk-Sadowski, University of Lodz, Poland‘Wojciech Zaluski has written a profound book, in which he provides the legal excuse of the insanity defense with philosophical underpinnings, starting from the assumption that human beings have a free will. His argument provides deeper understanding for those who share his starting point, and a delineation of what precisely they must reject for those who do not share it. Highly recommended reading for both defenders and deniers of free will.’ -- Jaap Hage, Maastricht University, the NetherlandsTable of ContentsContents: Introduction 1. The philosophical foundations of the insanity defense 2. The cognitive component 3. The volitional component Epilogue Bibliography Index
£78.00
Edward Elgar Publishing Ltd The Language of Constitutional Comparison
Book SynopsisIn this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood.Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.Trade Review‘This book taps into deeper layers in comparative constitutional law. Francois Venter starts from the lingual character of all law to examine seemingly similar terms in different political systems and their relationship to foundational insights, political conditions and diverging legal traditions. Equipped with such comparative findings, researchers and practitioners of constitutional law will better understand contested concepts in their own system.’ -- Ernst Hirsch Ballin, Tilburg Law School, the NetherlandsTable of ContentsContents: Preface 1. Constitutional language spoken here 2. The history of contemporary constitutional language 3. Nation 4. Sovereignty 5. The state 6. Citizenship and nationality 7. Democracy 8. Rule of law 9. Constitutionalism 10. Judicial review 11. Constitutional comparison and terminology Epilogue Bibliography Index
£99.00
Edward Elgar Publishing Ltd Law-Making and Legitimacy in International
Book SynopsisInternational Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.Trade Review‘Formally, states, and states alone, make and authoritatively interpret international humanitarian law. But this legalistic maxim hardly reflects the actual process by which IHL emerges and evolves. Law-Making and Legitimacy in International Humanitarian Law brings together general international law and humanitarian law experts to tease loose key aspects of this dynamic and assess their legitimacy. The first work to examine the foundational issue of IHL development critically and comprehensively, it is a must read for IHL scholars and practitioners.’ -- Michael Schmitt, United States Military Academy at West Point, US and University of Reading School of Law, UK‘This volume explores the interplay of law and legitimacy in relation to the law of armed conflict and includes contributions by a collection of noted scholars. It focuses on the role that various actors play in the process of developing, questioning and affirming international humanitarian law. It does so in an innovative and thought-provoking way and will doubtless be of interest to both the legal theorist and the IHL specialist.’ -- Terry Gill, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface xi PART I INTRODUCTION 1 Law-making and legitimacy in international humanitarian law 2 Heike Krieger and Jonas Püschmann PART II LEGITIMACY AS ANALYTICAL LENS 2 The roles of legitimacy in international legal discourses: Legitimizing law vs legalizing legitimacy 16 Jean d’Aspremont 3 The role of legitimacy in international humanitarian law: A comment 33 Stefan Kadelbach 4 Actor legitimacy and the application of IHL: A rejoinder to d’Aspremont 41 Tom Ruys PART III INFORMAL LAW-MAKING IN INTERNATIONAL HUMANITARIAN LAW AS A POLITICAL CHOICE 5 Global norms governing the protection of civilians, conflict, and weapons: Formal or informal law-making? 56 Denise Garcia 6 Post-international humanitarian law? A rejoinder to Denise Garcia 80 Philip Liste 7 Noncompliance as law-making 89 Timothy Meyer PART IV NEW LAW THROUGH PRACTICE? 8 Interpreting the Geneva Conventions: subsequent practice instead of treaty amendments? A case study of ‘non-international armed conflicts’ under Common Article 3 117 Emily Crawford 9 Legitimacy and methodology – a subtle yet significant influence: Judicial decisions and the development of international humanitarian law 141 Shane Darcy 10 The interpretation of IHL treaties: Subsequent practice and other salient issues 150 Jean-Marie Henckaerts and Elvina Pothelet 11 Methodological challenges in ascertaining customary international humanitarian law: Can customary international law respond to changing circumstances in warfare? 170 Robert Heinsch PART V COURTS AND MANUALS – DECOUPLING LAW-MAKING FROM STATES? 12 Judicial practice in international criminal law: Law-making in disguise? 196 Thomas Rauter 13 The law at hand: Paratext in manuals on international humanitarian law 217 Wouter G. Werner 14 International manuals in international humanitarian law: A rejoinder to Wouter G. Werner 232 Robin Geiß and Anni Pues 15 Interpretation and identification of international humanitarian law: Responses of the International Law Commission 242 Georg Nolte 16 Manuals and courts: International humanitarian law, informal law-making and normativity 253 Dale Stephens PART VI LEGITIMACY AND PARTICIPATION 17 International humanitarian law-making in Latin America: Between the international community, humanity, and extreme violence 277 Alejandro Rodiles 18 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? An African perspective 300 Balingene Kahombo 19 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? A comment to Alejandro Rodiles and Balingene Kahombo 324 Michael Bothe 20 Between war and peace: Negotiating and implementing legitimate ceasefire agreements 335 Cindy Wittke 21 Law-making participation by non-state armed groups: The prerequisite of law’s legitimacy? 357 Hyeran Jo 22 Non-state armed groups and international humanitarian law-making – the challenge of legitimacy: A reply to Cindy Wittke and Hyeran Jo 375 Cedric Ryngaert PART VII LEGITIMACY AND NORM ENTREPRENEURS 23 The impact of human rights advocacy: Between (mis)stating the law and pursuing humanitarian policies? 385 Robert Cryer 24 From the Martens clause to the CNN factor: Is the impact of media and public opinion on law-making discernible? 404 Daniel Joyce 25 Media, public opinion and humanitarian advocacy 422 William Boothby PART VIII CONCLUSION 26 A legitimacy crisis of international humanitarian law? 429 Heike Krieger and Jonas Püschmann
£153.00
Edward Elgar Publishing Ltd The Artifactual Nature of Law
Book SynopsisThis thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Offering a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, the book is divided into two parts. The first part further explores and evaluates the concept of law as an artifact and analyses the background and theoretical basis of the theory. The second part comprises three sections on legal ontology, semantics and legal normativity, specifically in relation to law’s artifactual nature.Providing cutting-edge insights at the intersection of law and philosophy, this book will appeal to scholars and students in philosophy of law, empirical legal studies, social ontology and the philosophy of society. Trade Review'The Artifactual Nature of Law is a great collection of chapters that deal with the nature of law and legal systems. The idea of law as an artifact sheds new light on the ontology, semantics and normativity of law. Additionally, the book explores fascinating topics such as the functions of law and the nature of institutional beliefs and intentions.' -- Giovanni Tuzet, Bocconi University, Italy‘The Artifactual Nature of Law presents a truly impressive collection of perspectives, drawn from cutting edge work across several areas of philosophy, to arrive at a rich set of reflections on central questions in legal theory. It offers the most advanced look at law’s artifactual nature to date.’ -- Michael Giudice, York University, CanadaTable of ContentsContents: Introduction to The Artifactual Nature Of Law viii 1 Legal systems as abstract artifacts 1 Luka Burazin 2 Intentions in artifactual understandings of law 16 Kenneth M. Ehrenberg 3 Defects and failures in legal artifacts 37 Jonathan Crowe 4 In search of the functions of the legal system: classificatory and analytical stages 47 Mario Krešić 5 The ethical dimension of institutional beliefs 66 Adam Dyrda 6 Both directions at once? A Thomistic response to the artifactual theory of law 89 Petar Popović 7 External recognition and what grounds legal facts 111 Zuzanna Krzykalska 8 Law and its artifacts 128 Miguel Garcia-Godinez 9 Legal officials and artifact theory of law 147 Paweł Banaś 10 On the reference of artifactual kind terms in legal discourse 162 Lucila Fernández Alle 11 The law of fiction or the fiction of law? A study of what abstract artifact theory can reveal about mixed inferences 179 Izabela Skoczeń 12 Facts, artifacts, and law-given reasons 199 Noam Gur Index
£99.00
Edward Elgar Publishing Ltd The Judicial System: The Administration and
Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index
£27.95
Edward Elgar Publishing Ltd Rethinking Historical Jurisprudence
Book SynopsisThis stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge? This nuanced book shows how, in re-examining legal knowledge from a diachronic perspective, historical jurisprudence can be rethought as a domain concerned with contemporary legal epistemology.Ambitious in its scope, Rethinking Historical Jurisprudence will be a key resource for students and scholars in the fields of legal philosophy, legal theory and history and research methods in law.Trade Review‘Geoffrey Samuel is a leading legal comparatist and epistemologist whose decades-long scholarship has made fundamental contributions to the nature and dynamics of legal reasoning in both Common and Civil law jurisdictions. Rethinking Historical Jurisprudence represents a major step along Samuel’s rich intellectual path. It makes a compelling – and much-needed – case for reconsidering what amounts to ”historical legal thought”. Learned yet accessible, >Rethinking Historical Jurisprudence is a must-read for all those interested in the history and epistemology of legal reasoning.’ -- ’– Luca Siliquini-Cinelli, University of Dundee, UKTable of ContentsContents: Preface Introduction to historical jurisprudence 1. Paradigms and revolutions 2. Schemes and paradigm orientations 3. Roman legal methods and reasoning 4. Roman legal methods and reasoning 5. Post-Roman methods and methodologies 6. Contemporary methods and methodological issues 7. Terminology and the foundations of legal theory 8. Taxonomy and theory building 9. Private law theory and the resurgence of formalism 10. Have there been scientific revolutions in law? 11. Is legal knowledge cumulative (or has there been progress in law)? 12. Is legal knowledge cumulative (or has there been progress in law)? Conclusion Bibliography Index
£120.00
Edward Elgar Publishing Ltd After Meaning: The Sovereignty of Forms in
Book SynopsisInspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law.After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book’s engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.Trade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index
£82.00
Edward Elgar Publishing Ltd Comparative Methods in Law, Humanities and Social
Book SynopsisThis cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method.Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.Trade Review‘Comparative Methods in Law, Humanities and Social Sciences makes a fresh and innovative addition to the booming literature on comparative research. The collection of chapters combines insights from various disciplines in humanities and social sciences such as law, literature, religion and politics. The editors have done a magnificent job in putting together a splendid group of world-class experts to author the individual chapters. This is a truly ground-breaking work and a must on every comparatist’s bookshelf.’ -- Heikki Pihlajamäki, University of Helsinki, Finland‘Comparative methods play a key role in many academic fields; yet, there is little interaction between the literature of these different fields. It is thus of great benefit that Maurice Adams and Mark Van Hoecke have brought together an excellent group of authors to reflect on comparative methods in law, humanities and social sciences. The book fills an important gap in the literature and promises to provide an important work of inspiration for scholars across many fields.’ -- Mathias Siems, European University Institute, Italy and Durham University, UKTable of ContentsContents: Preface xiii 1 Comparative disciplines: an introduction 1 Maurice Adams 2 Methods of legal history and comparative law 11 Geoffrey Samuel 3 Comparative legal history 45 Kjell Å Modéer 4 Comparative sociology: epistemological issues 62 Jean-Pascal Daloz 5 Elements of a comparative methodology in the study of religion 75 Oliver Freiberger 6 Comparative methods in legal anthropology: ‘thick’ comparison through (cultural) translation 96 Katrin Seidel 7 The comparative advantage of cultural anthropology 121 Peter van der Veer 8 Methods in comparative politics 135 Mathew Y.H. Wong 9 Comparative philosophy and comparison 149 Ralph Weber 10 Between comparison and commensuration: the trouble with global social indicators 175 David Nelken 11 Particularism versus universalism in the history of comparative literature 197 Angus Nicholls 12 Comparing across societies and disciplines 221 Mark Van Hoecke 13 Conclusion: challenges of comparison 246 Maurice Adams and Mark Van Hoecke Index 264
£105.00
Edward Elgar Publishing Ltd Posthuman Legalities: New Materialism and Law
Book SynopsisHow might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law?This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative.Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.Table of ContentsContents: Posthuman legalities: New Materialism and law beyond the human Emille Boulot, Anna Grear, Joshua Sterlin and Iván Darío Vargas-Roncancio 1 Articles Re-forming property to address eco-social fragmentation and rift Margaret Davies 13 ‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature Matt Harvey and Steve Vanderheiden 38 Climate change, environmental justice and the unusual capacities of posthumans Nick J Fox and Pam Alldred 59 Posthuman international law and the rights of nature Emily Jones 76 Response-abilities of care in more-than-human worlds Marie-Catherine Petersmann 102 Alter-transitional justice; transforming unjust relations with the more-than-human Danielle Celermajer and Anne Therese O’Brien 125 The practice of multispecies relations in urban space and its potentialities for new legal imaginaries Teresa Dillon 148 Index
£79.00
Edward Elgar Publishing Ltd Human Rights and the Planet: The Future of
Book SynopsisAdopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.Trade Review‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’ -- David Boyd, UN Special Rapporteur on human rights and the environment‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’ -- Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’ -- Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’ -- Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’ -- Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South PacificTable of ContentsContents: Editorial Human Rights the Planet: the future of environmental human rights in the European Court of Human Rights Natalia Kobylarz and Evadne Grant 1 Articles Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6 Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review Natalia Kobylarz 16 Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system Jorge Calderón-Gamboa and Julie Diane Recinos 86 Does the European Convention on Human Rights guarantee a human right to clean and healthy air? Litigating at the nexus between human rights and the environment – the practitioners’ perspective Irmina Kotiuk, Adam Weiss and Ugo Taddei 122 The climate change dimension of human rights: due diligence and states’ positive obligations Christina Voigt 152 The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and ‘due diligence’ in climate change cases Monica Feria-Tinta 172 The Strasbourg Principles of International Environmental Human Rights Law – 2022 195
£96.69
Edward Elgar Publishing Ltd Research Handbook on Jurilinguistics
Book SynopsisThis Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.Chapters explore the theory of jurilinguistics investigating the features of a broad range of national discourses. Offering a unique perspective on the complex and dynamic relationship between language and the law, the impressive selection of contributors discuss the efficiency, flexibility and vulnerabilities of communication in legal settings. Anne Wagner and Aleksandra Matulewska approach the topic from a multidimensional standpoint, dealing with a myriad of topics, notably the general theory of jurilinguistics, the genres and characteristics of legal language, and the improvement of the quality of legal language.This discerning Research Handbook will appeal to a variety of academics and researchers in law, translation, jurisprudence, applied linguistics, and rhetoric, looking to broaden their understanding of jurilinguistics as an interdisciplinary and cross-cultural operation. It will also serve as both a theoretical and practical resource for lawyers, legislators, lawyer-linguists, and legal translation specialists alike.Trade Review‘Featuring contributions from a distinguished group of scholars in the field from around the world, the international breadth and scope of the chapters in this collection is particularly valuable in a field which has increasing importance for global justice.’ -- Janet Ainsworth, Seattle University School of Law, US‘With its focus upon the forefront of current research in language and law and its special focus upon critical aspects this Research Handbook is a gateway to the state of the art in the field. This characteristic is guaranteed through the choice of high-profiled researchers as authors.’ -- Jan Engberg, Aarhus University, DenmarkTable of ContentsContents: Foreword xvii Prospects and retrospects of jurilinguistics 1 Anne Wagner and Aleksandra Matulewska PART I JURILINGUISTICS AND ITS COMMUNICATIVE FLEXIBILITY 1 Researching the language of law 17 Marcus Galdia 2 Contributions of jurilinguists to law and its language: a threefold research strategy 35 Jean-Claude Gémar 3 Critical approaches to comparative legal linguistics 52 Jaakko Husa 4 Legal pragmatics 70 Dennis Kurzon 5 Legal lexicography 88 Máirtín Mac Aodha and Tanja Wissik 6 Corpus linguistics, methodology of jurilinguistics 104 Stanisław Goźdź-Roszkowski 7 Two strata of flexibility in jurilinguistics 117 Anne Wagner and Aleksandra Matulewska 8 Legal interpretation and the relevance of corpora 130 José Manuel Aroso Linhares 9 Approaching (in)determinacy and ultimacy in interpretation 144 Daniel Green PART II CONUNDRUM OF LEGAL GENRES 10 Legal genres in interdiscursive contexts 160 Vijay K. Bhatia 11 Genres and legal translation: A rationale and an agenda for legal transgenre studies 180 Esther Monzó-Nebot 12 Legal languages’ features 193 Paula Trzaskawka 13 Directions, tools, and risks in the study of metaphor in law 206 Michele Mannoni 14 Plain legal language campaigns 223 Eamonn Moran 15 Jurilinguistics and co-drafting in Canada 239 Marie-Hélène Girard 16 The language of the court 251 James Archibald 17 Persuasive or coercive? Cultural and institutional factors behind penalty-free laws in Japan and implications for management of COVID-19 264 Richard Powell PART III VULNERABILITY OF INTERLINGUAL LEGAL COMMUNICATION 18 Interlingual legal communication: valleys, hills and mountains of social inequality in legal translation and interpretation 282 Aleksandra Matulewska and Anne Wagner 19 Legal systems exposed: translation and vulnerabilities 301 Juliette Scott and John O’Shea 20 The day-to-day practice of jurilinguistics at the European Court of Human Rights: challenges and constraints for translators 322 James Brannan 21 Minority issues in legal communication 336 Andrés M. Urrutia Badiola 22 Social issues in legal communication on the internet 348 Ruth Breeze 23 Translation hindrances and linguistic (im)possibilities to challenge the Hungarian legal language 360 Réka Somssich PART IV CULTURAL LANDSCAPE OF LEGAL TRANSLATION 24 Perpetual pendulum in law 374 Anne Wagner, Sarah Marusek, Aleksandra Matulewska 25 Cultural constraints of legal interpretation and legal translation 390 Mario Ricca 26 Understanding translated language in the legal context: the Chinese challenge 406 Deborah Cao 27 Legal translation and interpreting in China: Practices, theoretical studies and future trends 419 Youping Xu and Wei Yu 28 Issues addressed in Arabic legal translation: a future perspective 437 Sonia A. Halimi and Rafat Y. Alwazna 29 Legal translation and court interpreting in Africa 452 Zakeera Docrat and Russell H. Kaschula 30 Translating the Civil Code of Louisiana into French and Spanish: a jurilinguistic exercise 471 Olivier Moréteau and Mariano Vitetta 31 Comparison of key clusters of translated Korean laws and untranslated American and British laws 486 Jeongju Yoo Index
£225.00
Edward Elgar Publishing Ltd Research Handbook on Legal Semiotics
Book SynopsisThis comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics, providing a thorough understanding of how the law works through signs and symbols. Demonstrating that the law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.Bringing together leading international experts, this Research Handbook focuses on the material, everyday forms of law comprised by non-verbal legal semiotics. Contributors conduct culturally nuanced semiotic analyses of the modern world, covering topics from COVID-19, religion, and human rights, to comic books and music. Chapters consider the foundations of semiotics, as well as the philosophy of law, identifying the cross-cultural similarities in how legal semiotics and visual legal semiotics intersect. Ultimately, the Research Handbook demonstrates that the law is in a state of perpetual flux, with many unique dimensions only made visible by semiotic analysis.The Research Handbook on Legal Semiotics will be an invaluable resource for students and scholars of law, jurisprudence, legal culture, linguistics, and semiotics. It will also be an important guide for legal practitioners seeking to better understand the nuances of the legal system. >Trade Review‘This volume is an interdisciplinary tour de force. Scholars from around the world insightfully explore diverse signs and symbols of law. For those seeking to understand law in the evolving fullness of lived experience (including its cognitive, affective, social, cultural, and political dimensions) here is the place to begin.’ -- Richard K. Sherwin, New York Law School, US‘This book provides new legal semiotics on the one hand, and fields of a deepened and revisited understanding of rules in law and legal thought formation on the other. It distances itself from traditional ideas, inviting the reader to wander in new dimensions of space, images and perspectives which were hitherto unknown in legal research.’ -- Jan M. Broekman, KU Leuven, Belgium‘Law has not only a language but also a semiotics, a system of signs, texts and meanings that seek to bring order to the relationships among human beings. Never before this volume has an attempt been made to provide an all-encompassing tool for the study of such a system. Anyone working within the perimeter of linguistic, semiotic, and social studies of law will find this volume a distinctly useful starting point and reference.’ -- Massimo Leone, University of Turin, ItalyTable of ContentsContents: Foreword xviii John Brigham Preface xxiv Acknowledgements xxv Introduction: law as a strategical system of fluctuating signs 1 Anne Wagner and Sarah Marusek PART I LEGAL SEMIOTICS AS AN ARENA FOR LEGAL THOUGHTS 1 Understanding legal semiotics 11 Paolo Heritier 2 From analytical philosophy of law to legal semiotics 32 Marek Zirk-Sadowski 3 Legal philosophy and the promise(s) of legal semiotics 47 José Manuel Aroso Linhares 4 Legal semiotics, globalization, and governance 61 Larry Catá Backer 5 Legal semiotics and synaesthesia 86 Rostam J. Neuwirth 6 Constitutional semiotics as a post-positivist and post-modern approach to constitution and constitutionalism based on the linguistic, visual and emotional turns 105 Martin Belov 7 Semiotics and the space-time ingredients of legal experience 120 Mario Ricca 8 Narrative identity and human beings’ legal subjectivity 135 Bartosz Wojciechowski 9 Classical rhetoric, legal argumentation and the semiotics of law 146 Miklós Könczöl 10 Legal semiotics and Chinese philosophy 158 Magdalena Łągiewska PART II CULTURE-BOUND LEGAL SEMIOTICS, THE BACKBONE OF THE LAW 11 Law and religion in the United States and Japan: a comparative semiotic perspective 171 Frank S. Ravitch 12 The view: propertizing the visibility of distance 184 Sarah Marusek and Anne Wagner 13 Semiotic insecurity and fake news law 193 Ahmad Pakatchi 14 Beware of (bad and dangerous) metaphors: remarks made at the intersection of cognitive linguistics and law 209 Angela Condello 15 Semiotics of international law 220 Michael Salter 16 Introducing forensic semiotics in criminal investigations 237 Marcel Danesi 17 Legal semiotics and types of arguments in human rights cases in Russia 254 Anita Soboleva 18 Semiotics and cultural heritage law 267 Kamil Zeidler 19 Semiotics of trademark law and brand intellectual property 278 Kristian Bankov 20 Legal semiotics, culture and femi(ni)cide 289 Farid Samir Benavides Vanegas 21 Sex trafficking of girl children: a legal semiotics study of the Convention on the Rights of the Child 300 Clara Chapdelaine-Feliciati 22 Coloniality, international human rights and legal semiotics from the margins 313 Elisabeth Roy Trudel and Amy Swiffen PART III VISUAL LEGAL SEMIOTICS AS A FIGURATIVE SIGN-SYSTEM 23 Imaginal law 327 Peter Goodrich 24 The two-sided E-Agora 2.0: demojicracy and demonjicracy 338 Anne Wagner, Wei Yu, and Sarah Marusek 25 Photography, art, crime and law 353 Anita Lam 26 Image and the law – a Peircean approach to Mask Required posters during the COVID-19 pandemic 366 Nathalie Hauksson-Tresch 27 Cars and hate: legal semiotics of automobility and combustion masculinity 376 Kieran Tranter and Sarah Marusek 28 Legal semiotics, signs of colonization, signs of independence in India 394 Parineet Kaur 29 Comics and the law: jurisprudence with a comic face 404 Guilherme Vasconcelos Vilaça and Mark Thomas 30 Legal and social semiotics of environmental challenges 419 Dariusz J. Gwiazdowicz and Aleksandra Matulewska 31 Semiotic (de)construction of judges’ identities in China’s internet courts 433 Youping Xu 32 Legal scenographies and courts: tensions between past and present 447 Patrícia Branco 33 Law, music and semiotics 460 Robbie Sykes and Julia J.A. Shaw Index 479
£230.00
Edward Elgar Publishing Ltd Interpretivism and the Limits of Law
Book SynopsisWhat does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light on traditional questions in legal theory. Chapters discuss the normative importance and descriptive impact of moral inferences in legal interpretation and critically analyse the claims of legal interpretivism, uncovering the most recent versions of legal positivism. The impressive selection of leading contributors explore an array of important topics including metaethics, expressivism and legal semantics.Outlining a new direction of study and delineating the path for future research on moral inferences in legal interpretation, this timely book will be a thought-provoking read for legal scholars and students interested in legal theory, philosophy and interpretation.Trade Review‘This volume makes important contributions to the literature on legal interpretation and is essential reading for any jurisprudential scholar or legal practitioner concerned to understand how the content of the law depends on the communicative content that lawgivers intend to transmit. A very worthwhile read.’ -- Alexander Sarch, University of Surrey School of Law, UK‘Interpretivism and the Limits of Law offers a thorough, searching assessment of major theories of the determinants of law’s content by an impressive range of distinguished legal scholars from around the world. It is an essential intervention into a debate that has engaged legal theorists for decades, adding hosts of new insights and refining the debate in critical ways. It establishes a new point of departure for future theoretical work in this area.’ -- Gerald Postema, The University of North Carolina at Chapel Hill, USTable of ContentsContents: 1 Introduction to Interpretivism and the Limits of Law 1 Izabela Skoczeń PART I LEGAL REASONING THROUGH THE LENS OF INTERPRETIVISM 2 Practical reasoning and the communicative model of law 12 Brian H Bix 3 Legal antipositivism and the reliability challenge in metaethics 23 David Plunkett 4 The meaning and interpretation of statutes in Anglo-American legal systems 43 Jeffrey Goldsworthy 5 The communication theory as a phantom 60 Tomasz Gizbert-Studnicki and Francesca Poggi PART II INTERPRETIVISM VERSUS THE COMMUNICATIVE MODEL OF LEGAL REASONING 6 Why the anti-positivists’ concept of practice is too thin 77 Marcin Matczak 7 Legal interpretivism: all or some? 96 Adam Dyrda 8 Interpretation and the bounds of reason 113 Giovanni Tuzet PART III LEGAL INTERPRETATION AND LEGAL MEANING 9 The authoritative intention thesis 130 Torben Spaak 10 Distinguishing the distinguishable: interpretative norms and interpretative criteria in adjudication of meaning 146 David Duarte and Pedro Moniz Lopes 11 From rule-scepticism to the interpretive orthodoxy? On Wittgenstein, legal theory, and the difference between understanding and interpreting a rule 159 Paolo Sandro PART IV THE SEMANTICS AND META-SEMANTICS OF LEGAL CONTENT 12 Semantic theories and interpretation: a critique of Michael S Green’s ‘Dworkin’s Fallacy’ 176 Thomas Bustamante and Thiago Lopes Decat 13 When expressiveness flows back: the symbolic functions of legislation and their legal significance 194 Francesco Ferraro 14 Expressivism and the ex aequo et bono adjudication method 212 Izabela Skoczeń and Krzysztof Posłajko 15 Semantics of institutional names 229 Paweł Banaś Index 246
£109.00
Edward Elgar Publishing Ltd The Logic of Human Rights: From Subject/Object
Book SynopsisConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitarō, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.Trade Review‘Yahyaoui Krivenko’s vision of the human rights philosophy is most needed today to overcome the limitations of human rights narrowly construed around the individualised experience of each human being. This reconceptualisation will be particularly useful when applied to issues such as environmental degradation and climate change. Since the planet is an ecosystem which is not human-centered, we need to initiate a decentering of human rights allowing us to embrace the complex interactions between all life forms and natural processes on Earth, and to situate the human experience among this new conception of “reality”.’ -- François Crépeau, McGill University, CanadaTable of ContentsContents: 1. Introduction to The Logic of Human Rights 2. Reason, logic, and the subject/object dichotomy in the West 3. The traditional logic of human rights and the subject/object dichotomy 4. Beyond the subject/object dichotomy: topo-logic 5. Human rights through topo-logic: a theoretical foundation 6. Human rights through topo-logic: possibilities of operationalization 7. Conclusion to The Logic of Human Rights Index
£80.00
Edward Elgar Publishing Ltd Utopian Thinking in Law, Politics, Architecture
Book SynopsisThis innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology.Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change.Trade Review‘Stimulating and provocative, this interesting collection tackles utopia from diverse disciplinary, theoretical, and political angles. Drawing on secular and religious traditions, contributors demonstrate utopian thinking’s enduring vitality and significance. With hope, faith, humanity, and the imagination, at its centre, this book explores what utopia can and cannot mean, be, and do.’ -- Davina Cooper, King's College London, UKTable of ContentsContents: PART I UTOPIA AND THE LAW: SKETCHES FOR A NEW SOCIETY 1 Introduction: A return to utopia 2 Bart van Klink, Marta Soniewicka and Leon van den Broeke 2 Finding hope in hopeless times 19 Lynne Copson 3 The rule of law: Between ideology and utopia 38 Bart van Klink 4 Legislative hope and utopia 59 Carinne Elion-Valter 5 A secular form of grace: A place for utopia in law 76 Leon van den Broeke PART II UTOPIAN POLITICS: REDEMPTION OR A ‘RECIPE FOR BLOODSHED’? 6 The politics of hope: Utopia as an exercise in social imagination 96 Marta Soniewicka 7 The utopian ideals of the political order of the European Union: Is a European republic possible? 116 Jan Willem Sap 8 ‘The coming community’: Agamben’s vision of messianic politics 134 Oliver W. Lembcke 9 The allure of utopia: Klaas Schilder’s stress on the relevance of hic et nunc 150 George Harinck 10 The Islamic state 167 Maurits Berger PART III UTOPIA IN ARCHITECTURE AND TECHNOLOGY: THE QUEST FOR PERFECTION 11 An ideal city vs 21st-century pragmatism 187 Ernestyna Szpakowska-Loranc 12 Planning utopia 207 Danielle Chevalier and Yannis Tzaninis 13 Technological utopias: Promises of the unlimited 226 Marc J. de Vries 14 A better way of being? Human rights, transhumanism and ‘the utopian standpoint of man’ 245 Britta van Beers 15 The posthuman: Around the vanishing point of utopia 266 Anna Bugajska 16 Being an agent in a robot and artificial intelligence age: Potentiality or dystopia? 284 Zeynep İspir and Şükrü Keleş Index
£114.00
Edward Elgar Publishing Research Handbook on Legal Evolution
Book SynopsisAdopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
£230.00
Edward Elgar Publishing Ltd Socratic Voices: Dialogues on Law, Time, and
Book SynopsisIn seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation.The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.Trade Review‘A book like no other. Steeped in wisdom – philosophical, practical, personal – it takes the reader on a Socratic journey into the most difficult of problems facing individuals, societies, and humanity as a whole: how to reconcile over a common future in the aftermath of conflict.’ -- Kjersti Lohne, University of Oslo, Norway‘Bert van Roermund channels his inner Socrates into a wide-ranging series of dialogues on the nature of justice and reconciliation in the aftermath of violence, war and atrocity. Van Roermund steers well clear of offering any trite and easy answers. Each of the lifelike conversations illuminates and the Socratic voices illustrate the pivotal importance of the process of thinking together on such subjects. In a time of echo chambers and moral grandstanding van Roermund's work offers some welcome and much needed antidote.’ -- Antony Pemberton, Leuven Institute of Criminology, BelgiumTable of ContentsContents: Participants Prologue: A letter from Socrates. Dialogue 1 Stages and sequences? Dialogue 2 Never again Dialogue 3 Restoring what has never been Dialogue 4 Dissimultaneity Dialogue 5 Simultaneity Dialogue 6 Time before time Dialogue 7 Time beyond time Epilogue Postscript and acknowledgements References Index
£75.00
Edward Elgar Publishing Ltd Objectivity in Jurisprudence, Legal
Book SynopsisThis thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning.Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers.Trade Review‘An intriguing book with contributions from a diverse group of legal philosophers. A worthy addition to the literature on objectivity.’ -- Dennis M. Patterson, Rutgers Law School, US and University of Surrey School of Law, UKTable of ContentsContents: List of contributors vii 1 Introduction: The meanings of ‛objectivity’ 1 Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora PART I OBJECTIVITY AND JURISPRUDENCE 2 Objectivity of law and objectivity about law 31 Jaap Hage 3 Is legal cognitivism a case of bullshit? 48 Héctor A Morales-Zúñiga 4 Imputation as a supervenience in the General Theory of Norms 71 Monika Zalewska 5 Social science and jurisprudence through Weberian and Hartian eyes: Suggesting an explanation for a puzzle 86 Donald Bello Hutt 6 Objectivity of legal knowledge: The challenge of scepticism 105 Matti Ilmari Niemi PART II OBJECTIVITY AND LEGAL INTERPRETATION 7 From Hart to Dworkin via Brandom: Indeterminacy, interpretation, and objectivity 127 Leonardo Marchettoni 8 Can legal texts have objective meanings? 145 Maija Aalto-Heinilä 9 Big data linguistic analysis of legal texts – objectivity debunked? 167 Caroline Laske 10 Rethinking the legal effect of interpretive canons 193 Triantafyllos Gkouvas PART III OBJECTIVITY AND PRACTICAL REASONING 11 The problem of normative objectivity 215 Jan-Reinard Sieckmann 12 Why do legal philosophers (perhaps correctly) insist on moral objectivity while dismissing metaethical inquiry? 232 Thomas Bustamante 13 Moral objectivity without robust realism 252 J. J. Moreso 14 Virtue and objectivity in legal reasoning 270 Amalia Amaya Index
£109.00
Edward Elgar Publishing Ltd Theories of Legal Relations
Book SynopsisTheories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical.Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France.Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read.Trade Review‘Relational approaches to law focus on how the law shapes the actual relationships between and among people. Jeuland offers a highly accessible and comprehensive introduction to the existing literature. It is indispensable reading for anyone interested in this fast-growing alternative genre in legal theory.’ -- Alexander Somek, author of The Legal Relation: Legal Theory after Legal PositivismTable of ContentsContents: Introduction to Theories of Legal Relations: a comparative analysis 1. Analysis of the concepts used 2. Analysis of the different theories of legal relationships 3. Theories and practices of legal relationships 4. Legal theory and legal relations Conclusion: the emergence of a relational approach to law? Bibliography Index
£105.00
Edward Elgar Publishing Ltd The Judicial System: The Administration and
Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index
£94.00
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
£22.95
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
£38.90
Edward Elgar Publishing Ltd Advanced Introduction to Empirical Legal Research
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Empirical Legal Research
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.Trade Review‘This work is true to its title as an Advanced Introduction, providing a history of and wide-ranging introduction to ELR and examples to illustrate both ELR methodologies and ELR studies in a digestible format.’ -- Jessica Pierucci, International Journal of Legal Information‘The value of Kritzer’s book is that it provides a highly readable and succinct yet thorough introduction to empirical legal research, its methods, and its outputs.’ -- Lisa F M Ansems, Kees van den Bos, Journal of Law & Society‘This book represents an excellent appetiser in the diet of the novice and would be fitting pre-course reading. I would have no hesitation in setting this book as introductory reading for a postgraduate methods course.’ -- Linda Mulcahy, Frontiers of Socio-Legal Studies'In a deceptively concise format Kritzer has provided us with a thoughtful, wide ranging and pleasingly international perspective on the development, methods, and achievements of Empirical Legal Research. This Advanced introduction, provided by a pre-eminent exponent, is indispensable for newcomers seeking an understanding of the history and practice of ELR. For those already engaged in the field it offers an insightful, contemporary overview of the contribution of empirical legal research to our understanding of law's institutions, people and subjects. Kritzer is to be congratulated on delivering so much in so few words.' -- Dame Hazel Genn, University College London, UK'In this concise but thorough volume, Kritzer provides those interested in empirical legal studies an engaging overview of the past, present, and future of empirical legal research. Kritzer's volume is unique in its ability to both inform readers about this ever-important, multi-disciplinary field and to empower scholars to engage with and develop their own research on legal subject matter. Highly recommended for scholars and students alike!' -- James L. Gibson, Washington University, US'Social scientists have a taste for rigor. What has a legal scholar to gain by acquiring this taste? Bert Kritzer, one of the pioneers of the approach, counsels legal academics considering their personal empirical turn: what does it take to be a serious empiricist, and which kinds of insights can be the reward?' -- Christoph Engel, Director of the Max Planck Institute for Research on Collective Goods, Germany‘This is a valuable introduction to empirical research on law in society from one of its most experienced practitioners. A particular strength is its even-handed approach to quantitative and qualitative methods, stressing that methods should be chosen to fit questions rather than questions being forced to fit methods. The book also helpfully illustrates how research using different methods has thrown light on practical issues in the way legal institutions operate and influence the lives of ordinary people exposed to them.’ -- Robert Dingwall, Professor of Sociology, Nottingham Trent University, UKTable of ContentsContents: Preface vii PART I: Introducing Empirical Legal Research 1. What Is Empirical Legal Research? 2. A Brief History of Empirical Legal Research PART II: Methodology 3. Methodology: Preliminary Issues 4. Methodology: Data Collection 5. Methodology: Data Analysis PART III: Substantive Examples 6. Law’s Institutions 7. Law’s People 8. Law’s Subjects 9. Conclusion References Index
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