Methods, theory and philosophy of law Books

Book SynopsisWeaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal–theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.Trade Review‘Focused on citizenship as legal status, Helen Irving meticulously excavates the complex past and present of allegiance in relation to the topic of citizenship. She shows us in detail how allegiance works, how it links to acquisition and loss of citizenship, and how we should think about it in relation to contested topics such as dual citizenship. Until now, there has been a gap in the literature of modern citizenship in relation to allegiance. Irving’s new book fills that gap.’ -- Jo Shaw, University of Edinburgh, UKTable of ContentsContents: Preface 1. Introduction: the origins and evolution of allegiance 2. Dual citizenship and ‘split allegiance’ 3. Naturalisation and transfer of allegiance 4. Swearing allegiance 5. Treason 6. Loss of citizenship 7. Buying citizenship 8. Conclusion: the citizenship bond Index

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Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index

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Book SynopsisThis innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector. Hired Guns and Human Rights will be a valuable resource for students, scholars, and practitioners of international legal theory, international human rights law, global governance, business and human rights, and international dispute resolution. Its focus on both state and non-state responses to human rights grievances against corporations around the world will also benefit policy-makers and international NGOs.Trade Review'Private military and security companies rarely operate with immunity, but routinely do so with impunity. In theory, for example, they may be subject to local laws. In practice, however, the very reason for their presence is that law and order has broken down. Most attempts at regulation focus on the military and security side of this equation, analogizing them to state actors. In this provocative new book, Kuzi Charamba emphasizes their status as private companies, proposing a new regulatory architecture based on arbitration. In doing so, he makes a valuable contribution to the literature on PMSCs, as well as on business and human rights more generally.' --Simon Chesterman, National University of Singapore'This is an important book that highlights the potential of international arbitration as a method of resolving disputes involving private military and security companies (PMSCs). Kuzi Charamba argues persuasively that arbitration can deliver access to remedies for human rights abuses occurring in the context of PMSCs' global operations. He deftly combines theoretical insights with in-depth knowledge of the practical challenges posed in the PMSC sector, and comes up with a workable proposal of what arbitration can look like.' --Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: 1. The Current Avenues to Recourse against PMSCs 2. Regulation in Disarray 3. The Development of a Global Regulatory Network 4. The Law of a Global Regulatory Network: Part One; The Micro View 5. The Law of a Global Regulatory Network: Part Two; The Macro View 6. The Case for Adjudicating “Business and Human Rights” Violations outside of State-Based Legal Institutions 7. Outline of the Mechanism 8. The Jurisprudential Elements 9. Addressing “Access to Justice” Concerns Conclusion Bibliography Index

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Book SynopsisExploring the notion that norms are often seen as static structures governing society, politics and legislation, this thought-provoking book offers insights into Robert Alexy's theory of constitutional rights and the range in rigidity of two norm categories: rules and principles. Arguing that constitutional pluralism and the differentiation between norms is also present in EU law, Anne Wesemann asserts that EU Citizenship is a principle and thus a constitutional rights norm. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the court's approach to decision making, which mirrors the balancing and weighing of conflicting principles. Wesemann proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms in EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Citizenship in the European Union will be a key resource for scholars and students of constitutional law and politics. Its contribution to the discourse around judicial activism and politicisation will also be essential reading for those studying the workings of the CJEU.Trade Review'Although the topic of European citizenship has been much discussed in academic literature and beyond for decades, Anne Wesemann manages to offer a highly original analysis of this legal status in this book. Not only is it strongly theoretically grounded on European continental legal theory, but it also offers us a new lens through which we can understand the journey of the Court of Justice of the EU on this matter. A must-read for everyone interested in EU citizenship.' --Nuno Ferreira, University of Sussex, UK'Anne Wesemann offers a welcome addition to EU theoretical analysis that draws upon Alexy's concept of principles as constitutional rights norms. Extrapolating Alexy's German model to the transnational setting, she develops citizenship as a structural norm operating as a balancing principle that requires the Court of Justice to grasp ''the art of the possible''. Her insightful reappraisal of key judgments defends the Court against charges of undue activism and instead re-interprets its stance on citizenship as legitimate constitutional evolution.' --Malcolm Ross, University of Sussex, UKTable of ContentsContents: 1. Introduction 2. Constitutional Rights Theory 3. European (Pluralist) Constitutionalism 4. Citizenship 5. The Court Of Justice As Constitutional Court 6. European Union Citizenship As Constitutional Right 7. Conclusion Index

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Book SynopsisThis illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.Trade Review‘This is an excellent overview of conceptual explanations of law, and a bold attempt to deal with one of the more well-established truisms within law and the humanities.’ -- Erin Buckley, Law in Context'Giudice attempts to reconcile two positions seemingly in tension: that law is a social construction, yet it has a natural core. Law is both a social artifact and a natural kind (of a sort). When making this argument, he demonstrates that conceptual analysis must be supplemented by causal analysis, drawing on sociology, anthropology, behavioral neuroscience, and other scientific disciplines, as well as by moral and political analysis. His thesis and his method chart potentially fruitful paths for the next stage of analytical jurisprudence. This is a fascinating, ambitious, and important work.' --Brian Z. Tamanaha, Washington University in St. Louis, US'Michael Giudice shows again the subtlety and clarity of thought we have come to expect from his work. This book is indispensable for anyone interested in understanding law, whether and how it is socially constructed, the method for understanding it, or the relation between its nature and our concept of it.' --Kenneth M. Ehrenberg, Co-Director, Surrey Centre for Law and Philosophy, UK'For many years now, Michael Giudice has been an important and unique voice, reforming analytical jurisprudence from the inside. With this astute new book, Giudice once again shows, with his customary clarity and elegance, why it is vital to balance and relate analytical, empirical and normative aspects of theorising law.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction PART I THE SOCIAL CONSTRUCTION OF LEGAL SYSTEM 2. Social constructionism and legal theory 3. Conceptual views and political commitments 4. The idea of legal system: one thought too many? PART II NATURAL LIMITS TO LAW’S SOCIAL CONSTRUCTION 5. Conceptual space for a natural core 6. Empirical evidence for social source normativity 7. Methodological implications 8. Conclusion Index

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Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index

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Book SynopsisCyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.Trade Review'Reed and Murray have, in their own earlier work, separately emphasised the significance of legal theory to the study of Internet law - and, crucially, of Internet law to legal theory. In this thoughtful joint project, they take a fresh look at the development of cyberlaw over the last two decades, unpacking a crowded room of regulatory bodies, national governments, intermediaries, corporations, and users. They emphasise authority and legitimacy, offering a powerful critique of inaccessible rules, and propose a new focus on the reception of legal norms. This new book is both a reflection on the progress made in the field and a provocative contribution to a debate that has proven difficult for lawmakers and communities alike to resolve thus far.' --Daithí Mac Síthigh, Queen's University Belfast, UK'The evolution of cyberspace regulation is creating striking challenges for traditional assumptions of jurisprudence. This innovative and incisive text provides a rich, essential exploration of these challenges and of their immense practical significance for jurisprudence specialists and cyber lawyers alike.' --Roger Cotterrell, Queen Mary University of London, UKTable of ContentsContents: Part I Law and Authority in Cyberspace 1. The Lawmaking Authority of States 2. Non-State Rulemakers 3. Communities, Authority and Rules of Recognition Part II Control, Competition and Conversation 4. Control 5. Normative Competition in Cyberspace 6. Networks and nodes 7. Legitimacy and Authority 8. Maintaining the rule of law in cyberspace Afterword Index

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Book SynopsisLaw and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts.Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively.Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.Table of ContentsContents: Introduction: Making Sense of the State: A Political Economy Approach Part I: How to Shape a Democratic State: The Informational Constraint Part II: How to Control a Democratic State: The Legal Constraint Part III: The State at Work: Regulation and Public Policies under Informational and Legal Constraints Index

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Book SynopsisDissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors' belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda.Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.Table of ContentsContents: 1. Overview 2. The Courts 3. Judges 4. Litigants 5. Lawyers 6. Other Key Players in the Litigation Process 7. Conclusion: Considerations for a Reform Agenda References Index

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Book SynopsisGame Theory and the Law is a collection of previously published articles in which ideas from game theory and the economics of asymmetric information are applied to legal issues. Game theory's method is to simplify a situation by describing it in terms of players, actions, payoffs, after which the players' strategic interactions can be described. Whether used explicitly or implicitly, this is a highly useful approach to law. This important volume collects together the classic articles on the subject together with surveys of the approach and illustrative examples of the use of game theory in law.Table of ContentsContents: Acknowledgements Introduction Eric B. Rasmusen PART I GENERAL 1. Ian Ayres (1990), ‘Playing Games with the Law’ 2. Kenneth Dau-Schmidt, Eric Rasmusen, Jeffrey Evans Stake, Robert H. Heidt and Michael Alexeev (1997), ‘Review Dialogue: On Game Theory and the Law’ 3. Eric A. Posner (2000), ‘Agency Models in Law and Economics’ 4. Franklin M. Fisher (1989), ‘Games Economists Play: A Noncooperative View’ PART II BARGAINING AND PROCEDURE 5. Robert D. Cooter and Daniel L. Rubinfeld (1989), ‘Economic Analysis of Legal Disputes and Their Resolution’ 6. I.P.L. P’ng (1983), ‘Strategic Behavior in Suit, Settlement, and Trial’ 7. Jennifer F. Reinganum and Louis L. Wilde (1986), ‘Settlement, Litigation, and the Allocation of Litigation Costs’ 8. Lucien Arye Bebchuk (1996), ‘A New Theory Concerning the Credibility and Success of Threats to Sue’ 9. Keith N. Hylton (1994), ‘An Economic Theory of the Duty to Bargain’ 10. Ian Ayres (1991), ‘Fair Driving: Gender and Race Discrimination in Retail Car Negotiations’ PART III CONTRACTS 11. Ian Ayres and Robert Gertner (1992), ‘Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules’ 12. Eric B. Rasmusen (2001), ‘Explaining Incomplete Contracts as the Result of Contract-Reading Costs’ 13. J. Mark Ramseyer (1991), ‘Legal Rules in Repeated Deals: Banking in the Shadow of Defection in Japan’ PART IV TORTS, CRIME, AND TAXES 14. John Prather Brown (1973), ‘Toward an Economic Theory of Liability’ 15. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liability: Optimal Incentives for Care and Litigation’ 16. Michael J. Graetz, Jennifer F. Reinganum and Louis L. Wilde (1986), ‘The Tax Compliance Game: Toward an Interactive Theory of Law Enforcement’ 17. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Economic Theory of Public Enforcement of Law’ PART V COURTS 18. George L. Priest and Benjamin Klein (1984), ‘The Selection of Disputes for Litigation’ 19. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City” Cases’ 20. Frank H. Easterbrook (1988), ‘Stability and Reliability in Judicial Decisions’ Name Index

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Book SynopsisThis unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems.Wojciech Zaluski explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.Trade Review'Zaluski has written an intelligent book on the relevancy of evolution theory for the understanding of the law. As any substantive contribution to jurisprudence, its contents are not uncontroversial, especially where he argues that evolution theory has something to say about human nature. However, Zaluski shows the evolutionary perspective on the law to be a refreshing and illuminating one.' -- Jaap Hage, University of Maastricht, The Netherlands'Nobody interested in philosophy and in legal philosophy should miss this book. As a philosophical treatise it is of the highest standard, abundant with unexpected and valuable insights. And it leads the reader to the frontiers of new developments, especially how economics, game theory and evolutionary theory affect our understanding of the law. It masterly combines scientific acumen with a sense for humanity.' -- Hans-Bernd Schafer, Bucerius Law School, Hamburg, GermanyTable of ContentsContents: Introduction 1. The Evolutionary View of Human Nature 2. The Ontological Question 3. The Teleological-Axiological Question 4. The Normativity Question Epilogue: The Evolutionary Current in Legal Philosophy Against a Background of Traditional Currents References Index

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Book SynopsisLaw and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.Contributors: M. Amstutz, A. Aviram, B.L. Benson, G.-P. Calliess, F. Carvalho, P.A. David, S. Deakin, B. Du Laing, M. Eckardt, T. Eggertsson, J. Freiling, W. Kerber, R.H. McAdams, J. Mokyr, E.A. Posner, M. Renner, E. Schanze, J.M. Smits, M. Zamboni, P. ZumbansenTrade Review’Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives.’ -- Stefan Voigt, University of Hamburg, Germany’Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature.’ -- Amir N. Licht, Radzyner School of Law, IsraelTable of ContentsContents: Foreword Law, Economics and Evolutionary Theory: State of the Art and Interdisciplinary Perspectives Peer Zumbansen and Gralf-Peter Calliess PART I: EVOLUTIONARY THEORY AND HISTORICAL TRAJECTORIES 1. The European Enlightenment, the Industrial Revolution, and Modern Economic Growth Joel Mokyr 2. The Unbearable Lightness of A – Useful Knowledge and Economic Growth Thráinn Eggertsson 3. The Law Merchant’s Story: How Romantic is it? Bruce L. Benson 4. Path Dependence: A Foundational Concept for Historical Social Science Paul A. David PART II: EVOLUTIONARY THEORY IN LAW AND ECONOMICS 5. System and Evolution in Corporate Governance Simon Deakin and Fabio Carvalho 6. Constitutional Possibility and Constitutional Evolution Eric A. Posner 7. The Expressive Power of Adjudication in an Evolutionary Context Richard H. McAdams 8. Forces Shaping the Evolution of Private Legal Systems Amitai Aviram 9. Legal Evolution between Stability and Change Martina Eckardt 10. The Genesis of Law: On the Paradox of Law’s Origin and its Supplément Marc Amstutz 11. Gene-Culture Co-Evolutionary Theory and the Evolution of Legal Behavior and Institutions Bart Du Laing 12. Making Evolutionary Theory Useful for Legal Actors Mauro Zamboni PART III: TRANSNATIONAL LAW AND EVOLUTIONARY GOVERNANCE 13. Transnational Commercial Law, Multi-level Legal Systems, and Evolutionary Economics Wolfgang Kerber 14. Darwin at Work: How to Explain Legal Change in Transnational and European Private Law Jan M. Smits 15. Linking Extra-legal Codes to Law: The Role of International Standards and Other Off-the-track Regimes Erich Schanze 16. Transnational Governance and Evolutionary Theory Gralf-Peter Calliess, Jörg Freiling and Moritz Renner Index

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Book SynopsisLaw and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.Contributors: M. Amstutz, A. Aviram, B.L. Benson, G.-P. Calliess, F. Carvalho, P.A. David, S. Deakin, B. Du Laing, M. Eckardt, T. Eggertsson, J. Freiling, W. Kerber, R.H. McAdams, J. Mokyr, E.A. Posner, M. Renner, E. Schanze, J.M. Smits, M. Zamboni, P. ZumbansenTrade Review’Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives.’ -- Stefan Voigt, University of Hamburg, Germany’Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature.’ -- Amir N. Licht, Radzyner School of Law, IsraelTable of ContentsContents: Foreword Law, Economics and Evolutionary Theory: State of the Art and Interdisciplinary Perspectives Peer Zumbansen and Gralf-Peter Calliess PART I: EVOLUTIONARY THEORY AND HISTORICAL TRAJECTORIES 1. The European Enlightenment, the Industrial Revolution, and Modern Economic Growth Joel Mokyr 2. The Unbearable Lightness of A – Useful Knowledge and Economic Growth Thráinn Eggertsson 3. The Law Merchant’s Story: How Romantic is it? Bruce L. Benson 4. Path Dependence: A Foundational Concept for Historical Social Science Paul A. David PART II: EVOLUTIONARY THEORY IN LAW AND ECONOMICS 5. System and Evolution in Corporate Governance Simon Deakin and Fabio Carvalho 6. Constitutional Possibility and Constitutional Evolution Eric A. Posner 7. The Expressive Power of Adjudication in an Evolutionary Context Richard H. McAdams 8. Forces Shaping the Evolution of Private Legal Systems Amitai Aviram 9. Legal Evolution between Stability and Change Martina Eckardt 10. The Genesis of Law: On the Paradox of Law’s Origin and its Supplément Marc Amstutz 11. Gene-Culture Co-Evolutionary Theory and the Evolution of Legal Behavior and Institutions Bart Du Laing 12. Making Evolutionary Theory Useful for Legal Actors Mauro Zamboni PART III: TRANSNATIONAL LAW AND EVOLUTIONARY GOVERNANCE 13. Transnational Commercial Law, Multi-level Legal Systems, and Evolutionary Economics Wolfgang Kerber 14. Darwin at Work: How to Explain Legal Change in Transnational and European Private Law Jan M. Smits 15. Linking Extra-legal Codes to Law: The Role of International Standards and Other Off-the-track Regimes Erich Schanze 16. Transnational Governance and Evolutionary Theory Gralf-Peter Calliess, Jörg Freiling and Moritz Renner Index

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Book SynopsisThis insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of 'mass justice'. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy makers.Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. VerstijlenTrade ReviewClaims for compensation in private law are traditionally categorised and considered as individual rights but, as this set of essays demonstrates, increasingly in practice they develop into collective claims. The problems this poses, and the variety of solutions available to deal with them, are expertly analysed across different legal systems. A publication of immense importance, for policymakers and practitioners alike. --Anthony Ogus, The University of Manchester, UKMass Justice is an interesting volume which Edward Elgar saw the wisdom of publishing since, in the United Kingdom, there is not much legal activity as regards class actions, unlike in the United States. --Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Mass Justice and its Challenges Jenny Steele and Willem H. van Boom 2. Mass Resolution of Mass Torts: Emerging Issues in the United States and the Global Future Richard A. Nagareda 3. Cy-près for Consumers: Ensuring Class Action Reforms Deal with ‘Scattered Damages’ Geraint Howells 4. Cross-border Mass Litigation: A Particular Challenge for European Law Astrid Stadler 5. Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress Christopher Hodges 6. Collective Rights and Collective Goods: Enforcement as Collective Interest Eva Kocher 7. Access to Environmental Justice in England and Wales: Funding Representation for Court Reviews of Administrative Action Robert Lee and Radoslaw Stech 8. Promoting Distributional Justice on Corporate Insolvency in the 21st Century David Milman 9. Dealing with Damages in Insolvency: The Insolvency Administrator’s Collective Claim for Damages versus Individual Claims of Creditors Frank M.J. Verstijlen 10. Historic Asbestos Exposure and Liability Insurance: Issues of Aggregation and Reinsurance Rob Merkin and Jenny Steele 11. The International Oil Pollution Compensation Funds and Dealing with the Masses Willem Oosterveen 12. Representation in Collective Bargaining on Employment Conditions in the Netherlands Zef Even Index

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Book SynopsisCriminal Justice Policy is an authoritative collection of previously published writings addressing the most important issues which have dominated the field during the past fifteen years.Topics covered include: international perspectives on the extent and nature of crime; theoretical explanations for the onset, escalation and termination of criminal behaviour; the social context of crime; evaluating alternative crime policy options; crime control policy and the future.Criminal Justice Policy should be required reading for community leaders, for policymakers at all levels of government and for members of the general public actively interested in creating more effective crime policies.Table of ContentsContents: Introduction Part I: The Extent and Nature of Crime: International Perspectives Part II: Theoretical Explanations for the Onset, Escalation, and Termination of Criminal Behavior Part III: The Social Context of Crime Part IV: Evaluating Alternative Crime Policy Options Part V: Crime Control Policy and the Future: What is to be Done? Index

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Book SynopsisThe pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. The rigorous and insightful introduction by Francisco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law.In particular he discusses: anthropology and the emergence of law tort law contract law family law the economics of privacy. The Economics of Private Law will be essential reading for economists, lawyers and judges alike.Trade Review'This is a well edited collection of important papers which will find a home in university libraries throughout the world. The volume stands testimony to the significance of Richard Posner as the leading thinker of the L and E School.' -- K. Lawler, Economic IssuesTable of ContentsContents: Introduction Part I: Anthropology and the Emergence of Law Part II: Tort Law Part III: Contract Law Part IV: Family Law Part V: The Economics of Privacy Index

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Book SynopsisJudge Richard A. Posner's work on the economics of public law is a critical component of the interaction between the new law and economics movement and public choice theory. It exemplifies the parallel influence that these two important intellectual movements have had on the current understanding of legal institutions. Together with an insightful introduction by Francesco Parisi, this volume brings together his most important contributions on areas such as: the economics of constitutional law and legislation the economics of criminal law the economics of labour law and employment discrimination the economics of antitrust. The Economics of Public Law will be essential reading for economists, lawyers and judges alike.Table of ContentsContents: Introduction Part I: Legislation and Constitutional Law Part II: Criminal Law Part III: Labor Law and Employment Discrimination Part IV: Regulation and Antitrust Index

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Book SynopsisThis book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method- Part II Justice and the Judiciary- Part III Reasoning and Language(s)Trade Review“This book is a good starting point for those interested in understanding how judges and legal professionals, especially those holding the highest judicial posts, think of their activity. One of the most valuable aspects of the book is that it allows judges to write in the first person, and to reflect about what makes their work valuable for society, sharing both their ideas and doubts with the rest of us.” (Julen Etxabe, International Journal for the Semiotics of Law, Vol. 32, 2019)Table of ContentsEditorial Note,-Preface,-Biographies.- Part I: Art and Method.- Part II: Justice and Judiciary.- Part III: Reasoning and Language(s).

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Book Synopsis​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions.The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts.In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.Chapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.Table of ContentsWhat are and to what avail do we study European International Law Traditions? by Peter Hilpold.- The Concept of International Law – The German Perspective by Christian Tomuschat.- The 'Austrian School of International Law' – The influence of Austrian international lawyers on the formation of the present international legal order by Heribert Franz Köck.- The Concept of International Law: The Italian Perspective by Carlo Focarelli.- The French Tradition of International Law by Andrea Hamann.- British Contributions to Public International Law by Michael Wood.- Exploring Belgian and Dutch “Traditions” in International Law by Jan Wouters and Nina Pineau.- International Law from a Nordic Perspective by Astrid Kjeldgaard-Pedersen and Jakob v.H. Holtermann.- The Russian Concept of International Law as Imperial Legacy by Lauri Mälksoo.- International Adjudication under Particular Consideration of International Criminal Justice: The German Contribution by Stefanie Bock.- The development of International Economic Law - Contributions of German-Speaking Countries by Ernst-Ulrich Petersmann.

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Book SynopsisThe book presents a comprehensive reconceptualization of Geert Hofstede’s well-known concept of power distance, applying the theory to the specific case of judge–witness courtroom interactions in Polish regional courts. In the light of the detailed critique of Hofstede’s original approach to power distance, the book first carefully develops a three-level concept of power distance, including personal preferences concerning the realization of power relations (subjective level); rules, practices and spatio-architectural arrangements underlying power relations (organizational level); and individual demeanors that can, in practice, increase or decrease the asymmetry between parties to a power relation (interactional level). This reconceptualization provides a universal conceptual apparatus that is applicable to various social settings, but the authors have used it in extensive qualitative and quantitative research focused on courtroom interactions. After laying the theoretical foundations, the book details the elements of judge–witness courtroom interactions (both verbal and non-verbal) that contribute to establishing power distance between judge and witness. These were identified over 6 months of observational research conducted in 2018 in the Kraków regional courts. Lastly, the book addresses the issue of the relationship between the subjective level of power distance and opinions that laypeople can have concerning a judge’s demeanor in the courtroom environment. To do so, it describes specific quantitative research that involved the creation of original film clips depicting witness questioning by the judge in a courtroom in three power distance situations. Offering a coherent framework for examining various interpersonal relations in legal contexts and illustrating how the framework can be applied on the courtroom interactions example, the book will appeal to a wide range of legal practitioners and academics. It also allows scientists outside the legal field to gain a new and broad understanding of power distance that they can easily apply in their respective fields. Furthermore, it provides non-academics with insights into courtroom interactional dynamics, as exemplified by the discussion of Polish judicial practice.Table of Contents1 Introduction.- 2 Courts, Courtrooms and Power Distance.- 3 Judge-Witness Courtroom Power Distance Dynamics.- 4 Subjective Power Distance and Opinions on Judges.- 5 Conclusion.

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Book SynopsisThis open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.Table of ContentsIntroduction.- European Union Law and National Law: a Common Legal System?.- Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe.- Broadening the Right to Personal Autonomy and Supported Decision-making: from International Ideas to National and European Legislation on Voluntary Measures.- The Role of the International Law Association in the Restatement and Evolution of International and National Law relating to Indigenous Peoples.- The Role of the FATF in the Evolution of Counter-terrorism Asset Freezing Laws in the Nordic Countries: We Fought the Soft Law and the Soft Law Won.- The European Space Agency’s Contribution to the Making of National Space Law.- Host states’ labour regulation in the aftermath of international investment disputes: five levels of impact and interaction.

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Book SynopsisThis book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis.“This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK“The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UKTable of ContentsIntroduction.- PART I. IDEA AND ROLE OF CONSENT IN THE DEVELOPMENT OF A TAXONOMY OF CONTRACT IN ANCIENT LAW.- Roman law.- Mos gallicus and iuris Franco-Gallici.- Modern law.- RECEPTION, RELEVANCE, EVOLUTION, AND IMPLICATIONS IN THE CIVIL CODE OF FRANCE: DE LEGE LATA.- Article 1108 et seq. and the specification of the consensual doctrine.- PART III. RETHINKING THE FRENCH PERSPECTIVES ON CONSENSUALISM: DE LEGE FERENDA.- Articles 1109 and 1172, and the classification of contracts: Problems and perspective.- Reconsidering consensualism and the role of consent in contract.- Conclusion.

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Book SynopsisIntroductionary remarks.- A Walk Through the Gardens of Law. Hypertexts, Transcience, and Transjuridicity.- The Arc of Justice.- Art and Law. Formativity of the norm.- The aesthetics of law starting from the work of Bruno Romano.- Law and Literature: A New View from Six Perspectives.- Shaping Aesthetics and Narratives in the Operatic Tradition: The Role of Private Law.- Judicial Art as an Issue in the Aesthetics of Law.- Inventing Legal Persons.- Beauty, Truth and the Common Law Judgment.-The Role of the Judges as an Aspect of Accessibility to Law in Visual Culture.- Lawyer as a Painter? On Perspectives of Artistic Metaphors in Legal Ethics.- Aesthetics and the Legal Definition of Art on the Example of the Jurisprudence of German Courts and German Legal Literature in the period of 1954-2019.- From Art in the Service of  to the Liberation of Sense Experience and Wonder.- Mine is a long and sad tale'. Law and legal allusions in Polish translations of Lewis Carroll's Alice's Adventures in Wonderland.- A Spectral Tribunal: Ghosts as Agents of Justice in Japanese Imagination.- The Unaesthetic Complexity of the Image of Xiezhi in Representing the Jurisprudence in Ancient and Modern China.- Allegories of justice and other virtues: glimpses at European painting.- An early Utopian Artistic Representations of the Freedom from Work: On Bruegel's Luyeleckerlandt (1567), a utopia of a society without labour or a dystopia in favour of work ethics?.- The law in caricature.- At the Scene of the Crime: Observer as Witness to the Finding Our Voice Exhibition.- The motive of cannibalism in law vs. mass culture.- State aesthetics of the European Union and its legal implications selected aspects on the example of the Constitution for Europe.- Are Non-traditional Trademarks a Danger to The Artistic Domain in The European Union and Japan?.

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Book Synopsis

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Book Synopsis

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Book SynopsisThis book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.Table of Contents1 Sources of Law by Jaap Hage.- 2 Legal Reasoning by Jaap Hage.- 3 Basic Concepts of Law by Jaap Hage.- 4 The Law of Contract by Jan Smits.- 5 Property Law by Bram Akkermans.- 6 Tort Law by Jaap Hage.- 7 Criminal Law by Johannes Keiler, Michele Panzavolta, and David Roef.- 8 Constitutional Law by Aalt Willem Heringa.- 9 Administrative Law by Chris Backes and Mariolina Eliantonio.- 10 The Law of Europe by Jaap Hage.- 11 Tax Law by Marcel Schaper.- 12 International Law by Menno T. Kamminga.- 13 Human Rights by Gustavo Arosemena.- 14 Elements of Procedural Law by Fokke Fernhout and Remco van Rhee.- 15 Philosophy of Law by Jaap Hage.

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Book SynopsisDer Band dokumentiert das Verfassungsrecht des Großherzogtums Berg und des Herzogtums Braunschweig nahezu lückenlos. Dabei werden die historischen Verfassungsdokumente aus rechtlicher, zeitlicher, territorial übergreifender und entwicklungsgeschichtlicher Perspektive betrachtet. Enthalten sind insgesamt ca. 450 teilweise sehr heterogene Verfassungsdokumente, die das kurze Bestehen des Großherzogtums Berg sowie die Verfassungsentwicklung des Herzogtums Braunschweig vom Beginn des 19. Jahrhunderts bis zum Ende des 1. Weltkriegs prägten.Trade ReviewAus den Rezensionen: “… geht quantitativ und qualitativ über alle bisherigen einschlägigen Veröffentlichungen hinaus … alle das geltende Verfassungsrecht betreffenden Dokumente … authentisch erfaßt und systematisch zusammengestellt … Die erfaßten Dokumente werden im Grundsatz ungekürzt und in ihrer Originalschreibweise mit buchstaben- und zeichengetreuer Übernahme der Vorlage wiedergegeben … überaus profunde Darstellungen … die weitaus mehr als einen knappen ersten Einblick bieten … Übersicht für jeden Staat, ferner durch ein strikt chronologisches Gesamtverzeichnis … ein gesuchtes Dokument recht problemlos finden bzw sich rasch einen Überblick verschaffen kann …“ (Joachim Lilla, Informationsmittel IFB, July/2010)“... Dokumentensammlung geht quantitativ und qualitativ über alle bisherigen einschlagigen Veröffentlichungen hinaus. ... Die erfassten Dokumente werden im Grundsatz ungekürzt und in ihrer Originalschreibweise mit buchstaben- und zeichengetreuer Übernahme der Vorlage , wiedergegeben. ... verfassungsrechtlich relevanten Texte, ergänzt durch eine fundierte Einführung ... lässt auf eine rasche Fortführung des ,äußerst verdienstvollen Editionsvorhabens zum deutschen Verfassungsrecht höffen. ... Der Edition sind zahlreiche Leser und Nutzer … zu wünschen.“ (JoachIm Lilla, in: Düsseldorfer Jahrbuch, 2010, Vol. 80, S. 511 f.)Table of ContentsHistorische Einführungen.- #x00A7; 14: Berg.- #x00A7; 15: Braunschweig.- Verfassungsdokumente.- #x00A7; 14: Berg.- #x00A7; 15: Braunschweig.

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Book SynopsisIn dem Lehr- und Studienbuch zeigt der Autor, in welchem Maße logische Strukturen das Rechtsdenken bestimmen. Er erläutert die wesentlichen logischen Grundlagen und ihre Anwendung auf dem Gebiet des Rechts. Zum einen führt dies zu einem tieferen Verständnis der juristischen Dogmatik und einer systematischen Durchdringung des Rechtsstoffs, zum anderen tragen die Überlegungen zwischen Logik und Rechtswissenschaft zu neuen Erkenntnissen bei. Behandelt werden verschiedene Strukturen des Rechts, u. a. relationenlogische und syllogistische Strukturen.Trade Review“… empfiehlt das vorliegende Lehrbuch an all diejenigen, die das (Straf-)Recht von einer grundlegend juristischen und rechtsphilosophischen Sicht kennenlernen möchten. Es erklärt viele Grundlagen des Rechts und eignet sich (als Ergänzung!) in manchen Gebieten zur Vorbereitung für Juraklausuren und Examensklausuren.” (Dipl.-Jur. Julius Remmers, in: Die Rezensenten, dierezensenten.blogspot.de, 22. April 2018)Table of ContentsAussagenlogische Strukturen.- Klassenlogische Strukturen.- Kombinatorische Strukturen.- Quantorenlogische, modallogische und deontologische Strukturen.- Relationenlogische Strukturen.- Handlungslogische Strukturen.- Syllogistische Strukturen.- Fuzzylogische Strukturen.- Paradoxe Strukturen.

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Book SynopsisDeutsches Verfassungsrecht 1806 – 1918Das auf mehrere Bände angelegte Werk präsentiert nahezu das gesamte deutsche Verfassungsrecht des Zeitraumes zwischen 1806 und 1918. Hiermit wird der sich gleichsam schrittweise vollziehende Übergang von einem traditionell ständischen oder gar fürstlich-absolutistischen zu einem zumeist monarchisch konstitutionellen System aufgearbeitet, dessen jäher Untergang schließlich in die nationalstaatlich-republikanisch geprägte demokratisch-parlamentarische Staatsform Weimars mündet. Mit dem Gesamtwerk steht dem Fachpublikum eine leicht zugängliche, bislang nicht gekannte Fülle von Dokumenten zur Verfügung, die für die verfassungsrechtliche Entwicklung Deutschlands und seiner einzelnen Staaten von zentraler Bedeutung waren. Dabei wird großer Wert auf die authentische, d.h. buchsraben- und zeichengetreue Übernahme der Texte gelegt. Dem jeweiligen Dokumententeil sind in jedem Band "Historische Einführungen" vorangestellt. In diesem Rahmen werden an den einschlägigen Dokumenten orientierte (verfassungs-) rechtliche, zeitlich wie territorial übergreifende entwicklungsgeschichtliche Darstellungen vorgenommen.5. Band Elsass-LothringenDer vorliegende 5. Band präsentiert das sich aus insgesamt mehr als 450 Dokumenten zusammensetzende Verfassungsrecht des sog. Reichslandes Elsass-Lothringen im Zeitraum zwischen 1870 und 1918. Flankiert wird diese Textedition durch eine deren historischen wie rechtlichen Kontext gleichermaßen beleuchtende ausführliche Einführung.Table of ContentsTeil 1: Historische Einführungen.- 2. Abschnitt: Verfassungsentwicklung der deutschen Einzelstaaten (1806 – 1918).- § 17: Elsass-Lothringen.- Teil 2: Verfassungsdokumente.- 2. Abschnitt: Verfassungsdokumente der deutschen Einzelstaaten (1806 – 1918).- § 17: Elsass-Lothringen.

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Book SynopsisDieses Buch erläutert die verfassungsmäßige Ausgestaltung der Gesetzgebungsverfahren im Kaiserreich, in der Weimarer Republik und in der Bundesrepublik Deutschland im Zusammenhang. Dadurch wird nachvollziehbar, dass die Gesetzgebung der heutigen parlamentarischen Demokratie ihre Basis bereits in der konstitutionellen Monarchie des Deutschen Kaiserreichs vor 150 Jahren hat. Obwohl das Verfahren der Gesetzgebung im Kaiserreich vordemokratisch ausgestaltet war, sind ihre wesentlichen Merkmale bis heute unverändert. Welche Änderungen die Gesetzgebungsverfahren von Verfassung zu Verfassung im Einzelnen erfuhren, analysiert das Buch und stellt heraus, dass diese Änderungen vor allem das Bund-Länder-Verhältnis, die Volkssouveränität sowie den Einfluss der Grundrechte auf die Gesetzgebung betrafen. Dabei kommen auch Auffassungen der Staatsrechtslehre früherer Zeiten zur Rechtsstaatlichkeit zur Sprache, die immer noch zum derzeitigen Meinungsspektrum zählen, heute jedoch nicht mehr zu halten sind. Zudem dokumentiert das Buch, wer an den Gesetzgebungsverfahren offiziell und wer faktisch beteiligt war bzw. noch ist und welche politischen Einflussnahmen auf die Gesetzgebung im Lauf der Geschichte festzustellen sind. So wird u.a. dokumentiert, dass insbesondere der Mangel an Transparenz der Zusammenarbeit von Exekutive und Legislative mit Lobbyisten dazu führt, dass viele Gesetze einzelne Bevölkerungsgruppen oder Wirtschaftszweige bevorzugen.Table of Contents1. Einführung zu den Funktionen von Gesetzen und zur Entstehung der deutschen Verfassungen.- 2. Die verfassungsmäßige Basis der Gesetzgebung.- 3. Die Träger der Staatsgewalt und ihre Gesetzgebungskompetenz.- 4. Die Gesetzgebungsverfahren.- 5. Politische Einflussnahmen auf die Gesetzgebung.- 6. Zusammenfassung der Ergebnisse für die Gesetzgebund und das Gesetzgebungsverfahren.

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Book SynopsisA Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law WorldVolume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking. Table of Contents12.1.- A Note on the Authors.- Preface by the Editors of Volume 12; Enrico Pattaro and Corrado Roversi.- Enrico Pattaro and Corrado Roversi.-Part One - German-Speaking Countries.- Premise; Agostino Carrino and Hasso Hofmann.- Introduction: Philosophy of Law and Conceptions of the World; Agostino Carrino.- Chapter 1 - The Rebirth of Legal Philosophy within the Frame of Neo-Kantianism; Agostino Carrino.- Chapter 2 - Logistic Normativism: The Wiener rechtstheoretische Schule; by Agostino Carrino.- Chapter 3 - The Sociological Philosophy of Law as an Alternative to Normativism; Agostino Carrino.- Chapter 4 - From Criticism to the Phenomenology of Law; Giuliana Stella.- Chapter 5 - From the Criticism of Neo-Kantianism to Neo- Hegelianism in the Philosophy of Law; Agostino Carrino.- Chapter 6 - Law and the State in the Conservative Revolution; Agostino Carrino.- Chapter 7 - Marxism in the Philosophy of Law; Agostino Carrino.- Chapter 8 - From Norm to Decision to the Concrete Order: The Legal Philosophy of Carl Schmitt; Agostino Carrino.- Chapter 9 - Nazi Philosophy of Law and of the State; Agostino Carrino.- Chapter 10 - The Development of German-Language Legal Philosophy and Legal Theory in the Second Half of the 20th Century; Hasso Hofmann.- Part Two - Southern European Countries And France.- Chapter 11 - Legal Philosophy in Italy in the 20th Century; Carla Faralli.- Chapter 12 - 20th-Century Legal Philosophy in France.- Chapter 13 - Political History of 20th Century Spanish Philosophy of Law; Benjamín Rivaya.- Chapter 14 - 20th-Century Legal Philosophy in Portugal; José de Sousa e Brito.- Chapter 15 - A Historical Survey of Legal Reasoning and Philosophy in Greece during the 20th Century; Constantinos Stamatis.- Part Three - Eastern European Countries.- Chapter 16 - 20th-Century Legal Theory and Philosophy in Poland; Tomasz Gizbert-Studnicki, Krzysztof Płeszka, Jan Woleński.- Chapter 17 - Russian Legal Philosophy in the 20th Century; Mikhail Antonov.- Chapter 18 - Czechoslovakia, the Czech Republic, the Slovak Republic: The 20th Century; Alexander Bröstl.- Chapter 19 - 20th-Century Legal Philosophy in Hungary; Csaba Varga.- Chapter 20 - 20th-Century Legal Philosophy in Other Countries of Eastern Europe.- Part Four - Nordic And Low Countries.- Chapter 21 - Sweden: Legal Philosophy in the 20th Century; Uta Bindreiter.- Chapter 22 - 20th Century Legal Philosophy in Denmark; Henrik Palmer Olsen.- Chapter 23 - Legal Philosophy in Norway in the 20th Century; Svein Eng.- Chapter 24 - Legal Theory and Philosophy of Law in Finland in the 20th Century; Susanna Lindroos-Hovinheimo.- Chapter 25 - Legal Philosophy in the Low Countries; Mark Van Hoecke and Arend Soeteman.- Part Five - Latin America.- Chapter 27 - Philosophy of Law in Brazil in the 20th Century; Ronaldo Macedo and Carla Henriete Bevilacqua Piccolo.- Chapter 28 - 20th-Century Legal Philosophy in Other Countries of Latin America; Rodolfo Vázquez.- Bibliography.- Index of Subjects.- Index of Names.12.2.- A Note on the Authors.- Part One - Natural Law Theory.- Chapter 1 – Introduction; Francesco Viola.- Chapter 2 - Natural Law in Germany in the 20th Century; Stephan Kirste.- Chapter 3 - Twentieth-Century Philosophy of Natural Law in France; Stamatios Tzitzis.- Chapter 4 - Natural Law Theory in Spain and Portugal; Antonio-Enrique Pérez Luño.- Chapter 5 - Natural Law Theory in Italy; Francesco Viola.- Chapter 6 - Natural Law in Hungary; Máté Paksy and Csaba Varga.- Chapter 7 - The Natural Law Theory of the 20th Century Latin America; Carlos I. Massini Correas.- Part Two - Legal Positivism.- Chapter 8 - Legal Positivism in the First Half of the 20th Century; Mauro Barberis and Giorgio Bongiovanni.- Chapter 9 - The Postwar Debate; Mauro Barberis and Giorgio Bongiovanni.- Chapter 10 - Neo-Constitutionalist Challenges to Legal Positivism.- Mauro Barberis and Giorgio Bongiovanni.- Chapter 11 - Legal Positivism’s Answers to the Neoconstitutionalist Challenge; Mauro Barberis.- Part Three - Legal Realism.- Chapter 12 - Introduction: Continental Legal Realism; Edoardo Fittipaldi.- Chapter 13 - Axel Hägerström at the Origins of the Uppsala School; Enrico Pattaro.- Chapter 14 - Karl Olivecrona’s Legal Philosophy; Torben Spaak.- Chapter 15 - Anders Vihelm Lundstedt: in Quest of Reality; Uta Bindreiter.- Chapter 16 - Alf Ross’s Legal Philosophy; Mauro Zamboni.- Chapter 17 - Other Scandinavian Legal Realists.- Chapter 18 - Leon Petrażycki’s Theory of Law; by Edoardo Fittipaldi.- Chapter 19 - Jerzy Lande; Edoardo Fittipaldi.- Chapter 20 - Other Russian or Polish Legal Realists.- Part Four - Legal Reasoning.- Introduction: A Note on Terminology and Purpose; Pierluigi Chiassoni and Eveline Feteris.- Chapter 21 - The Heritage of the XIXth Century: The Age of Interpretive Cognitivism; Pierluigi Chiassoni.- Chapter 22 - The Age of Discontent: The Revolt against Interpretive Cognitivism; Pierluigi Chiassoni.- Chapter 23 - Taking Stock of the Past: Rhetoric, Topics, Hermeneutics; Pierluigi Chiassoni.- Chapter 24 - The Age of Analysis: Logical Empiricism, ordinary Language, and the Simple Truth of the Matter; Pierluigi Chiassoni.- Chapter 25 - Advancing Reason to Its Further Borders; Eveline Feteris.- Chapter 26 - Law and Logic in the 20th Century; Jan Wolenski.- Chapter 27 - Recent Developments in Legal Logic; Antonino Rotolo and Davide Grossi.- Bibliography.- Index of Subjects.- Index of Names.

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Book SynopsisLaw, Language, and Legal Determinancy discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. The book argues that the major re-thinking of the common and `common sense'' views about law that have been proposed by various recent legal theorists are unnecessary.Trade Reviewa densly-packed, yet subtle book ... his analysis is inclusive and succinct * Dalhousie Journal of Legal Studies *

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Book SynopsisThis collection reflects upon the ways in which crime and its control feature in the political and cultural landscapes of contemporary societies. The book discusses the meaning of crime and punishment in late-modern society.Trade ReviewUp-to-date, yet accessible exposition of criminological theory * Dr Yvonne Jewkes, Coventry University *The essays provide a good overview of a broad spectrum of the subject. * Paul Okojie, Manchester Metropolitan University *A tidy and very well priced volume giving access to overarching themes and issues in criminology. * Dr D. A. Holmes, Manchester Metropolitan University *

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Book SynopsisOxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.Table of Contents1. Reason-Giving and the Law ; 2. The Standard Picture and Its Discontents ; 3. Legal Judgments as Plural Acceptance of Norms ; 4. Rule-Scepticism Restated ; 5. Can There be a Written Constitution? ; 6. The Rules of Trial, Political Morality and the Costs of Error: Or, Is Proof Beyond a Reasonable Doubt Doing More Harm than Good? ; 7. Self-Defense: The Imminence Requirement ; 8. Criminal Law, Philosophy, and Psychology: Working At the Cross-roads

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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