Methods, theory and philosophy of law Books
Oxford University Press Philosophical Foundations of Contract Law Philosophical Foundations of Law
Book SynopsisIn recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as ''the contract and promise debate''. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provTrade Review...[T]his superb book makes an exceptionally valuable contribution to the scholarship of this complex and fascinating area. No serious law library should be without it. * Greg Gordon, Edinburgh Law Review *Anyone interested in theoretical discussions of contract law would be well advised to read this book...[It] offers a treasure of scholarly material to satisfy a wide range of interests... Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last. * Brian Bix, Cambridge Law Journal *Table of ContentsPART I: THEORETICAL APPROACHES; PART II: DOCTRINAL ANALYSIS
£999.99
Oxford University Press International Law Theories
Book SynopsisTwo fish are swimming in a pond. ''Do you know what?'' the fish asks his friend. ''No, tell me.'' ''I was talking to a frog the other day. And he told me that we are surrounded by water!'' His friend looks at him with great scepticism: ''Water? Whats that? Show me some water!'' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up ''the water'' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.Trade ReviewThe book successfully makes international law theories - or better, 'different ways of thinking about international law' - accessible and relatable ... If, as Bianchi states, the mission is to 'stir up the water that we, as international lawyers, swim in' and encourage more lawyers to interrogate their perceptions of what 'water' even is, then this book might be read as a seductive enticement to get our feet soaking wet. * Hemy Mistry, The Modern Law Review *[A] profound exposition of the intellectual underpinnings of an entire discipline from a scholar whose familiartity with the material is unparalleled. ... International Law Theories is an essential reference point for anyone interested in serious international legal scholarship. It is also a remarkably enjoyable read. In no other single volume is such a breadth of critical material on this vast subject orchestrated with this level of clarity and perception - a truly indispensable resource. * David Collins, Melbourn Journal of International Law *[A]n insightful introduction and inquiry into theoretical thinking in general, and international law theory in particular ... It has the potential to successfully encourage its readers not only to 'think about law' but also to 'think about thinking about law'. * Dana Burckardt, British Yearbook of International Law *Table of ContentsIntroduction ; I. Traditional Approaches ; II. Constitutionalism ; III. Marxism ; IV. The New Haven School and Policy-oriented Jurisprudence ; V. International Relations Theory ; VI. Social Science Methodology ; VII. Critical Legal Studies ; VIII. Helsinki School ; IX. Feminist Approaches ; X. 'Third World' Approaches ; XI. Legal Pluralism ; XII. Social Idealism ; XIII. Law and Economics ; XIV. Law and Literature
£39.99
Oxford University Press The Unity of the Common Law
Book SynopsisIn this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel''s legal philosophy, the author exhibits this synthesis in each of transactional law''s main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fieTrade ReviewBy translating the theoretical content of Hegel's Philosophy of Right into a modern idiom, by applying Hegel's political theory to the detail of modern common law doctrine, and by using that theory to critique and relativize the leading schools of legal theory in each of the main branches of law, Brudner has made an unrivalled contribution to legal theory. * Peter Ramsay, London School of Economics and Political Science, Critical Analysis of Law *The publication of a revised edition of Alan Brudner's The Unity of the Common Law deserves an intellectual celebration. Brudner's book is a tour de force of Hegelian jurisprudence. It offers a profound-and profoundly challenging-account of private law (or, as he calls it, transactional law) in its entirety as well as no less ambitious accounts of the nature of both adjudication and legal theory, and a harsh critique of both formalism and functionalism. * Hanoch Dagan, Tel Aviv University, Critical Analysis of Law *Table of ContentsPART 1; PART 2; PART 3
£34.49
Oxford University Press, USA Family Law and Personal Life
Book SynopsisDevelopments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children''s rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technolTable of Contents1: Power 2: Rights 3: Respect 4: Friendship 5: Responsibility 6: Truth 7: Community
£74.10
Oxford University Press Interpretation in International Law
Book SynopsisInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one''s interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. Trade ReviewThere is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice *Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal *Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal *This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law *Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *Table of ContentsPreface by James Crawford Introduction 1: Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law 2: Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle The Object 3: Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law 4: Duncan B Hollis: The Existential Function of Interpretation in International Law 5: Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished The Players 6: Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration 7: Michael Waibel: Interpretive Communities in International Law 8: Gleider Hernández: Interpretative Authority and the International Judiciary The Rules 9: Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties 10: Julian Arato: Accounting for Difference in Treaty Interpreation Over Time 11: Anne-Marie Carstens: Interpreting Transplanted Treaty Rules The Strategies 12: Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation 13: Harlan Grant Cohen: Theorizing Precedent in International Law 14: René Provost: Interpretation in International Law as a Transcultural Project Playing the Game of Game-Playing 15: Jens Olesen: Towards a Politics of Hermeneutics 16: Martin Wählisch: Cognitive Frames of Interpretation in International Law 17: Ingo Venzke: Is Interpretation in International Law a Game? Conclusion 18: Philip Allott: Interpretation- an Exact Art
£36.99
Oxford University Press Unconstitutional Constitutional Amendments The Limits of Amendment Powers Oxford Constitutional Theory
Book SynopsisCan constitutional amendments be unconstitutional? The problem of ''unconstitutional constitutional amendments'' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are ''unconstitutional''.Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.Trade Review[This] book not only ranges across constitutional amendment limitation provisions [worldwide], but also provides deep theoretical treatment of a central normative constitutional issue... The book joins deep theory, doctrinal subtlety, and an empirical breadth that exhibits a boundary-pushing interdisciplinarity of a truly outstanding calibre. It is likely to be a key reference point on this crucial issue for a considerable time to come. * Jeff King, David Law, Joana Mendes, and Anne Peters (chair), ICON-S Book Prize 2018 committee *The book skilfully introduces the phenomenon of unconstitutional constitutional amendments and provides a sophisticated justification for constitutional unamendability... The book's appeal is not only to those studying constitutional change, but also to scholars of comparative law and comparative politics, as well as those brooding over what it means to uphold democracy. It also promises to be an invaluable reference book with its extensive bibliography... Institutional and personal libraries alike had better make room for Unconstitutional Constitutional Amendments. * Tarik Olcay, Constitutional Change *Roznai's book provides a comprehensive and detailed analysis of unconstitutional constitutional amendments. Roznai discusses the constitutions containing provisions regarding this fascinating phenomenon (be they express or implied), and the courts' reactions to them. The book provides an in-depth analytical review of the problems that eternity clauses present the political authorities and the courts. This is an excellent book that discusses one of the central problems of modern constitutionalism. * Aharon Barak, Professor of Law, Radzyner Law School, The Interdisciplinary Center Herzliya *This excellent book is not just another addendum to the list of technical problems handled by constitutional experts. In his analysis of the character of the amending power - 'an exceptional authority, yet a limited one' - Yaniv Roznai reaches the very core of constitutionalism. Setting aside the formal positivistic framework, his rich and illuminating reconstruction of the role of 'the people' and the meaning of democracy in a constitutional polity refreshes and deepens the understanding of liberal democracy. In times when liberal democracy is under severe stress almost everywhere and challenged by advocates of illiberal democracy, this book could not be more timely. * Ulrich K. Preuß, Freie Universität Berlin and Hertie School of Governance, Berlin *The problem of unconstitutional constitutional amendments is one of the most topical issues in comparative constitutional law. Roznai's book offers a rigorous framework for analysis and a global knowledge base. It is a welcome addition to the literature on constitutional amendment and will be an essential reference for unconstitutional amendments for some time to come. * Cheryl Saunders, Laureate Professor Emeritus, Melbourne Law School; President Emeritus, International Association of Constitutional Law *An unconstitutional constitutional amendment - does it exist? More often than you may have thought. But rarely has it been explored. This book, which truly fills a gap, gives a thorough account of and a theoretical foundation for constitutional unamendabilitya subject that gains more and more importance in modern constitutionalism. * Dieter Grimm, Professor of Law at Humboldt University Berlin, Visiting Professor at Yale Law School, and Justice of the Federal Constitutional Court of Germany (1987-1999) *The theory of constitutional amendments has, somewhat surprisingly, emerged as one of the most central questions for contemporary constitutional theory. Providing a comprehensive overview of worldwide practice regarding judicial review of constitutional amendments, Yaniv Roznai offers the most sophisticated theoretical account yet of constitutional amendments. This is a work of fundamental importance to everyone concerned with the basics of constitutional theory. * Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School *[Unconstitutional Constitutional Amendments] provides a persuasive and both normatively and empirically well-informed contribution to the debate on the limits of constitutional amendments. For its clear-cut normative theory alone, this book is seminal reading and will be an essential reference to scholars of constitutional law and constitutional politics for years to come. * Michael Hein, Verfassung und Recht in Übersee *Unconstitutional Constitutional Amendments is a work of great breadth and theoretical sophistication. It may well be the final word on the coherence of constitutional unamendability and the legitimacy of judicial review of amendments. * Rehan Abeyratne, Indian Law Review *Roznai's comparative constitutional law account makes the book an essential source, not specifically limited to this subject, but also for studies of constitutional theory and constitutional design. * Ali Acar, European Constitutional Law Review *It is absolutely terrific in every way, from its truly dazzling scholarship to the intellectual depth on every page. * Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law, University of Texas at Austin *Unconstitutional constitutional amendments ... pose a major challenge for public law. Roznai has taken up this challenge and has produced an illuminating analysis of the problem. His book has already been the subject of much praise. Various workshops and conference panels have been devoted to the work and its author. This popularity is well deserved. The book summarizes the previous debate concisely, argues diligently, and makes an innovative contribution to a genuinely difficult problem. Probably the greatest strength of the book is its truly global approach, which sets new standards for comparative constitutional studies. The clarity and rigor of his writing helps Roznai to navigate the reader through dozens of jurisdictions and decades of legal scholarship. * Thomas Wischmeyer, International Journal of Constitutional Law Review *A veritable encyclopaedia of amendatory power and what various apex courts have done (or not done) with it. And for the cognoscenti, it is a rich theory festival. ... this work is of compelling merit; both painstakingly researched, and elegantly presented in a reader-friendly way ... The work offers an embarrassment de riches and for long will be a source of many comparative constitutional theory studies. * Upendra Baxi, Indian Journal of Constitutional & Administrative Law *Roznai's book is a terrifically executed account of a constitutional theory justifying the concept of unconstitutional constitutional amendments and the practice of judicial review thereof... The work is a real accomplishment... and deserves reading and consideration by all concerned with constitutional theory. * Vicki C. Jackson, The Vienna Journal on International Constitutional Law *The best case yet for limits to the amending power, and Roznai's knowledge of comparative politics is superb. * John R. Vile, Dean and Professor of Political Science, Middle Tennessee State University *Any response to this book should acknowledge the depth of its scholarship, the clarity of its analysis and the elegance of its proposed solution. Moreover, the argument successfully unscrambles the apparent conceptual confusion in the idea of an unconstitutional constitutional amendment. * Adrienne Stone, The Vienna Journal on International Constitutional Law *The cancerous growth of populism is infecting electoral procedures and may, sooner or later, produce democratically elected majorities capable and willing to adopt constitutional reforms deforming the European acquis constitutionnelle. The debate on unconstitutional constitutional amendments cannot be regarded as devoid of any practical importance. We are fortunate that the doctrinal writings on constitutional amendments are on the rise and that we have publications of such intellectual quality and thoroughness as this book. * Lech Garlicki and Zofia A. Garlicka, The Vienna Journal on International Constitutional Law *Yaniv Roznai's book will certainly foster scholarly debate on constitutional identity and constitutional change, as well as the role of constitutional courts in the enforcement of limits to the amending power. Overall, the text is interesting, well-written and enjoyable for the reader … a significant contribution to the scholarly debate on constitutional change. * Sabrina Ragone, The Vienna Journal on International Constitutional Law *[This is an] extremely fascinating and engaging book ...[that] gives us a wonderful theoretical and practical perspective with which to look at that diversity of the application of constitutional unamendability. Every single analysis of the doctrine is attractive and based on evidence... [it is] a relevant and rich source of theories and practices of constitutional unamendability in a truly comparative context. * Ridwanul Hoque, Indian Journal of Constitutional & Administrative Law *[This is the] most authentic [text] on the theme of unconstitutional constitutional amendments... [It will] serve the interests of all who are engaged in learning the subject or are engaged in making a constitution or those who are engaged in interpreting and applying the constitution in day to day affairs of a country. Its easy reading, appropriate, and convincing arguments, and examples in support of its theme, are an additional attraction for all those who have any concern for the theory or practice of constitution making or applying. * M.P. Singh, Indian Journal of Constitutional & Administrative Law *This is an exhaustive book which has achieved the outstanding outcome of sketching out a theoretically challenging and empirically relevant field of constitutional studies. There is still room for more work on the topic, but this is certainly a remarkable beginning. * Marco Goldoni, Public Law *Yaniv Roznai's Unconstitutional Constitutional Amendments: The Limits of Amendment Powers, is, to my knowledge, the first book to deal with these problems and questions [raised by constitutional unamendability] from both a theoretical and comparative (global) perspective. * Joel I. Colón-Ríos, Constitutional Commentary *
£999.99
Oxford University Press Methodology in Private Law Theory
Book SynopsisMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.Table of ContentsThilo Kuntz and Paul B. Miller: Introduction I - Methodology in Private Law Theory: General Perspectives 1: Marietta Auer: A Genealogy of Private Law Epistemologies 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law 3: Andrew S. Gold: When Private Law Theory is Close Enough 4: Felipe Jiménez: Understanding Private Law 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship 8: Nils Jansen: The Point of View of Doctrinal Legal Science 9: Paul B. Miller: Formalism, Legality, and the Rule of Law 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers III - Empirical, Philosophical, and Normative Approaches to Private Law Theory 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship 13: Lorenz Kähler: The Minimal Morality of Private Law 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights 15: Paul Krell: The Critical Potential of Doctrinal Analysis 16: Kevin Tobia: Private Law Theory from an Empirical Perspective
£140.00
Oxford University Press, USA Dignity In The Legal And Political Philosophy Of Ronald Dworkin C
Table of ContentsForeword by John Finnis Acknowledgements Introduction by Veronica Rodriguez-Blanco's Part I Integrity, Values , Interpretation, and Objectivity Ronald Dworkin: Life and Works Lokendra Malik Integrity and Truth in Law's Empire Jonathan Crowe Dworkin's Perfectionism James E. Fleming and Linda C. McClain Interpretation in Normative Domains Alexander Brown Justice, Integrity, and the Common Law Trevor R.S. Allan Taking (Human) Dignity and Rights Seriously: The Integrated Legal, Moral, and Political Philosophy of Ronald Dworkin Imer Flores Are There Any Interpretative Concepts? Pritam Baruah Part II Dignity, Responsibility, and Free Will Interpreting Human Dignity Allen W. Wood Dworkin's Dignity Under the Lens of the Magician of Könisberg Veronica Rodriguez-Blanco Does Dignity Help in Thinking about Paternalism Barbara Baum Levenbook Dignity, Rights, and Virtues in the Department of Values Isabel Trujillo Part III Freedom of Speech, Right to Privacy, and Human Rights Dignity and Free Speech David Richards Ronald Dworkin and Free Speech James Allan Exit Hercules: Ronald Dworkin and the Crisis of the Age of Rights Lorenzo Zucca Part IV Dignity, Constitutions, and Legal Systems Revamping Associative Obligations George Pavlakos Dworkinian Dignity: Rights and Responsibilities of a Life Well Lived Erin Daly Ronald Dworkin's Judge: Philosopher Master of Rights Salman Khurshid A Dworkinian Reading of the Indian Constitution Suhrith Parthasarathy A Dworkinian Right to Privacy in New Zealand Mark Bennett and Petra Butler Afterword by Justice A.K. Sikri Index About the Editors and Contributors
£50.00
Oxford University Press The Ethics of Capital Punishment
Book SynopsisDebate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases.The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment.The book then presents an original justification for executing truly terrible criminals, a justification thatTrade ReviewReview from previous edition Hannah Arendt ends Eichmann in Jerusalem with a statement about the sentencing of Adolf Eichmann: "we find that no one, that is, no member of the human race, can be expected to want to share the earth with you." Kramer's excellent new book develops an original line of argument that echoes that Arendtian sentiment into what he calls the purgative justification for capital punishment....Kramer's book is a well-argued and inventive work that will generate new avenues of discussion in legal and moral philosophy * Eric M. Rovie, Political Studies Review *Matthew Kramer's book The Ethics of Capital Punishment is a significant achievement. Not only does it offer a thorough and up-to-date discussion of traditional justifications for the death penalty, it also attempts to offer an alternative, novel justification for it, something that Kramer calls the purgative rationale. Although I am not entirely sympathetic to this aim, I think that carving out a new territory within this already crowded intellectual space is something which ought to be commended * John Danaher, Criminal Law and Philosophy *The book's provocative thesis, connecting moral philosophy with legal scholarship, will surely occupy a position of importance in ongoing debates within criminal law * Harvard Law Review *In this bold philosophical inquiry, Professor Matthew Kramer develops a justification for the death penalty as a sui generis concept: the purgative rationale. After grappling with and rebutting the standard justifications for capital punishment deterrence, retributivism, incapacitation, and denunciation Professor Kramer develops the purgative rationale, arguing that a community is tainted in other words, its moral integrity is lessened by the continuing existence of anyone who has perpetrated some especially hideous crimes * Harvard Law Review *Table of Contents1. Introduction ; 2. Deterrence through Capital Punishment ; 3. Death and Retribution ; 4. Death as Incapacitation ; 5. Death as a Means of Denunciation ; 6. The Purgative Rationale for Capital Punishment ; 7. The Death Penalty in Operation
£44.54
The University of Chicago Press Law Public Choice A Critical Introduction
Book SynopsisAn introduction to the driving principles of public choice. The authors review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. The text is suitable for lawyers, students and political scientists.
£76.00
Columbia University Press Sappho Goes to Law School
Book SynopsisDrawing on concepts taken from US law and legal theory, postmodernism and queer theory, as well as the author's own experience in the courtroom and classroom, this book examines the complexities of lesbian identity and the often detrimental ways in which legal scholarship approaches lesbianism.
£82.80
Taylor & Francis Ltd Refugees Democracy and the Law
Book SynopsisThe book provides an in-depth discussion of democratic theory questions in relation to refugee law.The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflecTable of ContentsI. The refugee;Chapter 1 Who is a refugee?;Chapter 2 Who decides who is a refugee?;II. Democracy’s edges;Chapter 3 Citizenship and the claiming of rights;Chapter 4 Democracy between the need for institutions and demands of inclusion;III. The legal conditions of refugees’ political voice;Chapter 5 Institutions of refugees’ political participation;Chapter 6 The role of associative rights for refugees’ political voice;Chapter 7 Humanitarian government and the political membership of refugees;Chapter 8 Representation of refugees in international forums;
£39.99
Taylor & Francis The Routledge Handbook of the Philosophy and
Book SynopsisPhilosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues likTable of ContentsIntroduction Part I: Theories of Punishment and Contemporary Perspectives 1. Theories of Punishment 2. Retribution 3. Offenders as Citizens 4. Hybrid Theories of Punishment 5. Limiting Retributivism and Individual Prevention 6. The Contours of a Utilitarian Theory of Punishment in Light of Contemporary Empirical Knowledge about the Attainment of Traditional Sentencing Objectives 7. The Restorative Justice Movement: Questioning the Rationale of Contemporary Criminal Justics Part II: Philosophical Perspectives on Punishment 8. Defamiliarizing Punishment 9. The Retributive Sentiments 10. The Right to Punish 11. Problem of Proportional Punishment 12. The Gap 13. Science and the Evolution of American Criminal Punishment 14. What is Wrong with Mass Incarceration? Part III: Sciences, Prevention, and Punishment 15. Punishment, Shaming, and Violence 16. Humanizing Prison through Social Neuroscience: From the Abolition of Solitary Confinement to the Pursuit of Socual Rehabilitation 17. Effects of Prison Crowding on Prison Misconduct and Bullying 18. Biosocial Risk Factors for Offending 19. Brain Abnormalities Associated with Pedophilia: Implications for Retribution and Rehabilitation 20. Current Trends in Cognitive Neuroscience and Criminal Punishment 21. Behavioural Genetics and Sentencing 22. Prediction, Screening and Early Intervention 23. Comparison of Socio-Affective Processing across Subtypes of Antisocial Psychopathology 24. Forensic Mental Health Treatment and Recidivism 25. Recovery of Persons Labelled "Not Criminally Responsible": Recommendations Grounded in Lived Experiences Part IV: Alternatives to Current Punishment Practices 26. Punishment and Its Alternatives 27. Pre-Trial Detention and the Supplantating of our Adversarial System 28. A Non-Punitive Alternative to Retributive Punishment 29. The Takings Doctrine and the Principle of Legality 30. How to Transform a Static Security Prison into a Dynamic Organism for Change and Growth 31. Towards a Strengths-Based Focus in the Criminal Justice System for Drug-Using Offenders
£43.99
OUP Oxford The Politics of Jurisprudence
Book SynopsisThe Politics of Jurisprudence explores what jurisprudence is about, what it seeks to do, how it does it and - most importantly - how its conclusions can be brought to bear on everyday problems of legal practice and major social, moral or political issues. It selects material to illustrate general approaches to legal theory and to explore professional and political uses to which that theory has been put.Trade Review"Both a useful introduction for law students and a valuable and provative contribution to scholarship in the field...Cotterrell is one of the rare scholars who can discuss difficult ideas and arguments in a way fully accessible even to those new to theory". * International Journal of Law in Context *Table of Contents1. Legal philosophy in context ; 2. The theory of common law ; 3. Sovereign and subject: Bentham and Austin ; 4. Analytical jurisprudence and liberal democracy: Hart and Kelson ; 5. The appeal of natural law ; 6. The problem of the creative judge: Pound and Dworkin ; 7. Scepticism and realism ; 8. A jursiprudence of difference: class, gender and race ; 9. The deconstruction and reconstruction of law ; Index
£999.99
Taylor & Francis Ltd (Sales) The Practice of Punishment
Book SynopsisThis study focuses on the practice of punishment, as it is inflicted by the state. The author''s first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this accoTable of ContentsPreface An Introduction 1 PUNISHMENT AS RETRIBUTION 2 THE POINT OF PUNISHMENT: FORWARD-LOOKING ACCOUNTS 3 TWO HYBRID THEORIES Part I: H.L.A. Hart’s compromise solution Part II: Teleological retributivism 4 THE FUNCTION OF LAW AND THE NATURE OF LEGAL OBLIGATION 5 THE ENFORCEMENT OF LAW Part I: The function of enforcement Part II: The practical dimensions of enforcement— policing and Adjudication Part III: Enforcement, reform, and the concept of diversion 6 TOWARDS A THEORY OF SENTENCING: RESPONSIBILITY, GUILT AND THE IDEA OF A CRIMINAL OFFENCE Part I: The nature of the task Part II: The principle of responsibility and the concept of guilt Part III: Weighing the seriousness of offences 7 SENTENCING AND THE IDEA OF RESTORATIVE JUSTICE Part I: Two preliminary sentencing options Part II: Sentencing as conflict resolution Part III: Practical implications 8 TOWARDS A PHILOSOPHY OF PUNISHMENT
£33.99
Taylor & Francis Ltd (Sales) Women and the Law in the Roman Empire A
Book SynopsisThis sourcebook fully exploits the rich legal material of the imperial period, explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.Trade Review'This book ... avoids the pitfall of some other source books where lack of context inhibits the student's ability to understand the ramifications of selected extracts.' - Journal of Roman Studies'Exceptionally useful as a core text as well as a reference guide it will be a valuable part of allteaching and research collections devoted of the study of women and thefamily in antiquity.' - BMCRTable of ContentsPreface. A sourcebook on women and the law in the Roman Empire: marriage, divorce, and widowhood, List of abbreviations, Glossary of Latin legal terms, Acknowledgments, Introduction: historical and legal background, 1 The status of women in Roman law, 2 Marriage in Roman law and society, 3 Prohibited and non-legal unions, 4 Divorce and its consequences, 5 Widows and their children, Summation. The condition of women: rights and restrictions, Notes, Bibliography, Index of sources, General index
£999.99
Taylor & Francis Ltd (Sales) The Case of the Speluncean Explorers Nine New
Book SynopsisThe Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the first famous fictitious legal case of all time. Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges. Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions.Why read this book? One reason is to get beyond sloganeering about judicial activism and activist judges. The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism. It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy. Table of ContentsIntroduction; Part 1 Lon Fuller’s Case of the Speluncean Explorers; Chapter 1 Opinion of Chief Justice Truepenny; Chapter 2 Opinion of Justice Foster; Chapter 3 Opinion of Justice Tatting; Chapter 4 Opinion of Justice Keen; Chapter 5 Opinion of Justice Handy; Chapter 6 Opinion of Justice Tatting; Chapter 7 Postscript; Part 2 Nine New Opinions; Chapter 8 Opinion of Chief Justice Burnham; Chapter 9 Opinion of Justice Springham; Chapter 10 Opinion of Justice Tally; Chapter 11 Opinion of Justice Hellen; Chapter 12 Opinion of Justice Trumpet; Chapter 13 Opinion of Justice Goad; Chapter 14 Opinion of Justice Frank; Chapter 15 Opinion of Justice Reckon; Chapter 16 Opinion of Justice Bond;
£36.99
Sweet & Maxwell Ltd understandinglaw
Book SynopsisPresents an overview of the English legal system. This work provides the groundwork for an understanding of legal institutions, processes and materials, and places the study of law within a frameworkof inquiry focusing on the evaluation and explanation of legal decision making at various levels. It examines the civil justice system after Woolf.
£25.60
Cambridge University Press How to Do Things with Rules A Primer of
Book SynopsisNew to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.Trade Review'… one of the most influential legal academic books of the last 30 years. It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules. Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible. This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book.' G. J. Slapper, Director of the Centre for Law, The Open UniversityTable of ContentsPart I: 1. Some food for thought; Part II. Reading, Using and Interpreting Rules in General: 2. Problems and mischiefs; 3. Of rules in general; 4. Interpretation and application; 5. Imperfect rules; Part III. Reading Law: Reading, Using and Interpreting Legislation and Cases: 6. Routine and problematic readings; 7. Legislation; 8. Interpreting legislation; 9. Reading cases; 10. The European dimension; 11. Rules, reasoning and interpretation; Part IV: Questions and exercises.
£37.99
Cambridge University Press Forgiveness and Mercy
Book SynopsisThis book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. Murphy also analyses philosophical arguments about the nature of forgiveness and mercy in the legal process.Trade Review'Their analyses of these crucial emotions are clear, elegant and sufficiently controversial to initiate an exciting and much needed discussion of the proper role and the nature of the personal passions in social practice and theories.' Robert C. Solomon, University of Texas, AustinTable of ContentsPreface and acknowledgements Jeffrie Murphy and Jean Hampton; Part I. Introduction: 1. The retributive emotions Jeffrie Murphy; Part II. Forgiveness and Christianity Jean Hampton: 2. Forgiveness and resentment Jeffrie Murphy; 3. Forgiveness, resentment and hatred Jean Hampton; 4. Hatred: a qualified defence Jeffrie Murphy; 5. The retributive idea Jean Hampton; 6. Mercy and legal justice Jeffrie Murphy; Index.
£17.24
Cambridge University Press Lawyers in Conflict and Transition
Book SynopsisThis book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics.Trade Review'… invaluable … a realistic assessment of the complexities of the morally and politically fraught profession of cause lawyering.' David Dyzenhaus, Journal of Law and SocietyTable of ContentsAcknowledgements; List of abbreviations; 1. Lawyers in conflict and transition; 2. Cause lawyers, political violence, and professionalism in conflict; 3. Boycott, resistance, and the law: cause lawyering in conflict, repression, and transition; 4. Gender and cause lawyering in conflicted, authoritarian, and transitional societies; 5. Government lawyers in conflict, repression, and transition; 6. Lawyers in transitional political negotiations; 7. Lawyers, transitional justice and dealing with the past; 8. Conclusion; Appendices; Bibliography.
£26.59
Cambridge University Press Boilerplate The Foundation of Market Contracts
a huge range and FREE tracked UK delivery on ALL orders.
£51.30
Taylor & Francis Ltd Law Hermeneutics and Rhetoric Collected Essays in
Book SynopsisMootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To return to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.Table of ContentsPart 1 Legal Hermeneutics and Theory; Chapter 1 The New Legal Hermeneutics; Chapter 2 The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas, and Ricoeur; Chapter 3 A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory; Part 2 Law, Hermeneutics and Rhetoric; Chapter 4 Rhetorical Knowledge in Legal Practice and Theory; Chapter 5 Law in Flux: Philosophical Hermeneutics, Legal Argumentation, and the Natural Law Tradition; Part 3 Critical Hermeneutics and Legal Rhetoric; Chapter 6 Nietzschean Critique and Philosophical Hermeneutics; Chapter 7 Responding to Nietzsche: The Constructive Power of Destruktion;
£237.50
Stanford University Press H.L.A. Hart Second Edition
Book SynopsisA substantially revised second edition of the classic book that discusses the work of H.L.A. Hart and analyzes his important contributions to analytical jurisprudence.Trade Review"Neil MacCormick's deep substantive engagement with H.L.A. Hart's ideas made this book an important jurisprudential contribution when it was first published, and it remains perhaps the single best exploration, for example, of the idea of the internal point of view. This second edition promises to be more important yet. Not only does the significantly updated second edition explore in great depth Hart's later work and the reactions to it, and not only does it engage more recent jurisprudential debates, but it also provides valuable insight into and elaboration of MacCormick's own ideas."—Frederick Schauer, Harvard University"H.L.A. Hart is a close-grained exposition and critical appreciation of the thought of a master thinker by one of his most distinguished successors. The second edition maintains all the virtues of the first. It also extends them by taking account of further thought and scholarly work throughout, and adding an important introduction and epilogue that engage directly with changes in the views of both Hart and MacCormick and in the scholarly understanding and reception of Harts life and work. The book was and remains a work of unfailing clarity, critical sympathy and acute but generous appraisal." -- Martin Krygier * University of New South Wales *Table of Contents[table of contents] Contents Preface List of Main Works by H.L.A. Hart 1. Introduction to Second Edition 2. Hart: Moral Critic and Analytical Jurist 3. Hart's conception of law 4. Social rules 5. Morality - positive and critical 6. Obligation, duty, wrongdoing 7. Powers and power-conferring rules 8. Rights 9. The legal order I: Primary elements of law 10. The legal order II: Secondary rules 11. Judicial discretion and the judicial role 12. Sanctions, punishments, justice 13. Law, morality and positivism 14. Epilogue Notes Index
£19.79
Cambridge University Press Legal Rights and Moral Rights
Book SynopsisIn a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.
£17.00
Taylor & Francis Constitutional Reform and Brexit
Book SynopsisThis book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.
£46.80
Taylor & Francis Ltd Dignity and International Human Rights Law
Book SynopsisThe Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today.In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dTable of ContentsForeword by Ján FigeľChapter One: Seventy Years after the Universal Declaration of Human Rights: Towards Strengthening the Protection of Human RightsChapter Two: An Introduction to the Punta del Este Declaration and Its Preamble Chapter Three: Article One: Foundation, Objective, and Criterion Chapter Four: Article Two: Generating Agreement and Building Common Understanding Chapter Five: Article Three: Defining and Specifying Human Rights Chapter Six: Article Four: Duties and Responsibilities Chapter Seven: Article Five: Education Chapter Eight: Article Six: Seeking Common GroundChapter Nine: Article Seven: Implementing and Realizing Human Rights in LegislationChapter Ten: Article Eight: Reconciliation and AdjudicationChapter Eleven: Article Nine: Potential Difficulties Involving Competing Human Rights ClaimsChapter Twelve: Article Ten: Most Egregious and Most FeasibleChapter Thirteen: Conclusions and The Way Forward Appendix A. The Punta del Este Declaration on Human Dignity for Everyone EverywhereAppendix B. African Perspectives on Human Dignity for Everyone Everywhere
£39.99
Taylor & Francis Experiments in Moral and Political Philosophy
Book SynopsisThis volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics.Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, and our methods of fulfilling ethical goals. The chapters in this volume extend experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics and legal and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various aTable of Contents1. The Experimental Turn in Moral and Political Philosophy Antonio Gaitán, Fernando Aguiar and Hugo Viciana Part 1: Methods and Foundations 2. The Natural Law Thesis Under Empirical Scrutiny Ivar R. Hannikainen, Brian Flanagan and Karolina Prochownik 3. Concrete Over Abstract: Experimental Evidence of Reflective Equilibrium in Population Ethics Philipp Schoenegger and Ben Grodeck 4. Trolley Problems Reimagined: Sensitivity to Ratio, Risk, and Comparisons Craig McKenzie, Dana Kay Nelkin, Samuel C. Rickless and Arseny Ryazanov 5. The Psychology of Metaethics: Evidence For and Against Folk Moral Objectivism Lieuwe Zijlstra 6. The Explanatory Redundancy Challenge to Moral Properties Thomas Pölzler 7. Belief Distributions and the Measure of Social Norms Cuizhu Wang 8. Coming Full Circle: Incentives, Reactivity, and the Experimental Turn Mariìa Jimeìnez Buedo Part 2: Normative Ethics and Legal and Political Philosophy 9. Virtues for Real-world Utilitarians Stefan Schubert and Lucius Caviola 10. What Experiments Can Teach Us About Justice and Impartiality: Vindicating Experimental Political Philosophy Aureìlien Allard and Florian Cova 11. A Behavioral Ethics Perspective on the Theory of Criminal Law and Punishment Hadar Dancig-Rosenberg and Yuval Feldman 12. Behavioral Ethics and the Extent of Responsibility Douglas Husak 13. Against Moorean Defences of Speciesism François Jaquet Part 3: Applied Issues 14. Experimental Bioethics and the Case for Human Enhancement Blanca Rodriìguez 15. The Use and Abuse of Moral Preferences in the Ethics of Self-Driving Cars Norbert Paulo, Leonie Alina Möck and Lando Kirchmair 16. Adaptive Preferences: An Empirical Investigation of Feminist Perspectives Urna Chakrabarty, Romy Feiertag, Anne-Marie McCallion, Brain McNiff, Jesse Prinz, Montaque Reynolds, Sukhvinder Shahi, Maya Von Ziegesar, Angella Yamamoto, and Tomasz Zyglewicz 17. Reactionary Attitudes: Strawson, Twitter, and the Black Lives Matter Movement Anastasia Chan, Marinus Ferreira, and Mark Alfano
£128.25
Taylor & Francis The Philosophy of Criminal Law
Book SynopsisThe Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives.At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law.This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.Table of Contents1. Introduction 2. Intentional action 3. Recklessness 4. Negligence 5. Causation 6. Inchoate offences 7. Complicity 8. Homicide and Assault 9. Sexual offences 10. Defences 11. Punishment, pardons, and parole
£45.59
Taylor & Francis Constitutionality of Law without a Constitutional
Book SynopsisThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of illiberal constitutionalism. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional revTable of Contents1. Turbulent times in the constitutionalism of Central and Eastern European countries; Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism; 2. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law; 13. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?
£128.25
Taylor & Francis Ltd The Anthropocene
Book SynopsisThis book introduces the concept of the Anthropocene and examines its importance for environmental legal thinking, research and practice. Two main arguments are explored. The first is that much of the scholarship in environmental law that addresses the Anthropocene does not respond to Earth systems science or the difference in scale as we move from local to global systems. Key examples include a focus on anthropocentrism, attempts to constitutionalise environmental protections, the prevalence of legal rights and the idea of ecological integrity. The second argument is that these points of focus derive from the prevalence of idealism in environmental legal scholarship. Idealism in this context does not refer to naivety or the presentation of unrealistic goals. Rather, this book is concerned with idealism as a philosophical commitment to the power of ideas to determine reality and drive future change. As expressed in legal scholarship, this book also argues that idealism involv
£19.99
Taylor & Francis Ltd The Western Sahara Question and International Law
Book SynopsisThis book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the worTrade Review'The reader has in [their] hands a specific study on a classic but highly topical question in public international law: does the opening of consular offices in an occupied territory constitute recognition of the sovereignty of the occupying state over the territory? This short and interesting study rigorously analyses this question and serves as an introduction to the Western Sahara conflict for those unfamiliar with it.'Juan Soroeta, Professor of International Law at the University of the Basque Country.Table of Contents1. Introduction; 2. Self-Determination and the Western Sahara Question; 3. The Doctrine of Recognition and Morocco’s Claim to Western Sahara; 4. Recent Developments in UN Practice Concerning Western Sahara; 5. Implications of Growing Support for the Moroccan Position on Western Sahara; 6. Conclusion: The Future of Western Sahara and the Future of International Law
£49.99
Cambridge University Press The Jurisprudence of Style
Book SynopsisJustin Desautels-Stein focuses on the development of pragmatic liberalism, between 1870 and the present. Using property law, constitutional law, and antitrust law as case studies, he places the intellectual history of liberalism into a contemporary legal context.Trade Review'In this wide-ranging and masterful work, Justin Desautels-Stein explores, dissects, and critiques what it means to think like a lawyer in today's hegemonic context of liberal legal thought. Drawing on art history and musicology, ranging from the anthropologist Philippe Descola to the philosopher Hubert Dreyfus, from Roland Barthes to Michel Foucault, Desautels-Stein creatively reinvigorates the Harvard School of legal structuralism to expose the deep historical, structural, and conceptual illusions of contemporary pragmatic legal liberal thought.' Bernard E. Harcourt, author of The Illusion of Free Markets: Punishment and the Myth of Natural Order'An engrossing, at times deeply moving effort to recover the unity and purpose of critical legal studies.' Charles Sabel, Columbia Law School, New York'A fascinating contribution to critical legal thought in the United States. Desautels-Stein revisits and reinterprets American legal pragmatism alongside late twentieth century efforts to assess and critique its practice. His direct informal style brings complex theoretical debates to life.' David Kennedy, Harvard Law School, MassachusettsTable of ContentsOverture; 1. The rise and fall of the Harvard School; 2. Towards a jurisprudence of style; 3. Structure and style in time; 4. The classical style 5. The modern style; 6. Liberal legalism and the context of legal thought; 7. American pragmatism; 8. Liberal legalism is dead: long live liberal legalism; 9. Trompe L'oeil liberalism; Coda.
£40.50
Cambridge University Press The Art of Law in the International Community
a huge range and FREE tracked UK delivery on ALL orders.
£95.00
Cambridge University Press The Intricacies of Dicta and Dissent
Book SynopsisCommon-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on and will prompt lawyers to pose fresh questions about the common law tradition and the nature of judicial decision-making.Trade Review'Professor Duxbury provides us with a wealth of scholarship and some valuable insights into two aspects of judging which have not received much attention to date. In particular, he shows us how the two are inter-related – all dissents being essentially obiter dicta – and debunks the myth that today's dissent is tomorrow's orthodoxy – although I hope that it is not always a myth.' Brenda Hale, the Baroness Hale of Richmond, former President of the Supreme Court of the United Kingdom'A very thoughtful discussion of two aspects of judicial practice which deserve more attention, exploring how obiter dicta are used to fit an individual case into a wider principled legal scheme and what moves judges to write dissents. It encouraged me to reflect more deeply about my own judicial writing.' Philip Sales, Justice of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council'In these twin essays of breathtaking range and erudition, Neil Duxbury illuminates two largely unstudied ways in which judges contribute to the common law by expressing views that create no binding precedent. Anyone interested in the craft of judging will be wiser, as well as hugely well informed, after reading this book.' George Leggatt, Justice of the Supreme Court of the United Kingdom'Advocates and judges constitute a small minority of the legal profession. But they and others will be rewarded by reading this attractive, succinct monograph, which is an exemplary and insightful study into under-appreciated aspects of the craft of judgment writing and legal argument…. It is difficult to imagine readers who would not emerge wiser from reading the account of the changing attitudes to majority decisions of multi-member courts.' Mark Leeming, Judge of Appeal, Supreme Court of New South Wales, Cambridge Law Journal'Anyone writing on either dicta or dissent shall firmly stand upon the shoulders of this book.' Elijah Granet, Notes on the Style of the Law'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law JournalTable of ContentsPreface; Table of cases; Prologue; Essay I. Dicta: introduction; 1. The civilian dimension; 2. Case law as common law; 3. 'Obiter' as legal entity; 4. Dicta depicted; 5. Oblique strategies; 6. Engines of confusion; 7. The necessity test; 8. Cheap talk; 9. Dicta and dicta; 10. Nearly law?; 11. Observation and authority; 12. The sources problem; Essay II. Dissent: introduction; 13. Some preliminary observations on dissent; 14. The nature of judicial dissent; 15. Without contraries is no progression?; 16. Stalemates and motivations; 17. Dissents, decisions, and courts; 18. The tug of unanimity in England's courts; 19. Dissent in an apex court; 20. When is a dissent not a dissent?; 21. Minorities as authorities; 22. Are we agreed?; Index.
£30.99
Cambridge University Press Life after Privacy
Book SynopsisPrivacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In this highly original work, Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Canand shouldwe rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout historybut constantly persecutedand politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangeredand often overlookedin the digital age.Trade Review'… Life After Privacy: Reclaiming Democracy in a Surveillance Society is an eloquent, compelling call for us to rethink our commitment to privacy by understanding its history and uses. Rather than attempting to double down on a possibly doomed principle, DeBrabander argues that what is really needed is more democracy, and specifically a newly energized commitment to a public sphere that requires open, transparent, and meaningful debate. An indispensable book for our times that does what great political philosophy needs to do - make us question what we mean by our most basic concepts.' William Egginton, author of The Splintering of the American Mind'In 2020, more so than in 1984, the Big Brother is watching you. But does this really matter? - asks Firmin DeBrabander's pungent new book. Ranging from intellectual history to contemporary economics, from Big Data to Big Politics, from confession to contestation, Life After Privacy argues that we should finally begin caring for the public realm, rather than obsessing about intrusions into the private domain, which is something of a political fiction. If there is a work with the potential to reframe the very terms of the current debate on privacy, it is the one you are now holding in your hands!' Michael Marder, author of Political Categories: Thinking Beyond Concepts'This book makes accessible a counter-intuitive (perhaps even seemingly-contrarian) argument about privacy that deserves a hearing. Not all readers will agree with DeBrabander's conclusion that privacy is pretty much dead. But this is a view murmured often enough in Silicon Valley to warrant serious attention. DeBrabander understands our skepticisms but skillfully argues that we are inexorably drawn to this conclusion nonetheless. Those who care deeply about privacy, as well as those who look forward to the transparent society, will learn much from this book's subtle arguments. And remember: the best philosophy books are the ones that strike you as implausible by their title but leave you convinced after you've read them.' Colin Koopman, author of How We Became Our Data'Life After Privacy does a good job of setting our angst in a historical or philosophical setting.' Richard Waters, Financial Times'This is public philosophy at its best.' Paul Showler, LSE Review of BooksTable of ContentsPreface; 1. Confessional Culture; 2. Defenses of Privacy; 3. Big Plans for Big Data; 4. The Surveillance Economy; 5. Privacy Past and Present; 6. The Borderless, Vanishing Self; 7. Autonomy and Political Freedom; 8. Powerful Publics; Conclusion.
£27.48
Taylor & Francis Ltd Pierre Legendre Lessons III God in the Mirror
Book SynopsisIn the context of our increasingly global legal order, Pierre Legendre's God in the Mirror reconsiders the place of law within the division of existing bodies of knowledge. Navigating the texts of Ovid, Augustine, Roman jurists, medieval canon lawyers, Freud, Lacan, the notebooks of Leonardo de Vinci, and the paintings of Magritte, this third volume of Pierre Legendre's Lessons focuses on the relation of the subject to the institution of images. Legendre tracks the origins and vicissitudes of the specular metaphor within western history, carrying out a critique of its dependence on the discourse of the Imago Dei. A crucial landmark within Legendre's ongoing reconsideration of a medieval revolution of interpretation', this book dissociates the western normative tradition from its mythic foundation, separating theology and law. It thereby documents the advent of modern rational doubt, as a new legal foundation or ground: one that, for Legendre, was not only a revoTable of ContentsPrologue. To fabricate man so that he resembles man: The question of images and the reproduction of humanity Chapter 1. The constitutive alienation of the subject: Prolegomena to every theory of the image Chapter 2. The relational nature of identity and society: Remarks on the deployment of the mythological function Aside Chapter 3. ‘Id efficit, quod figurat’ (The efficient is the symbol): Social constitution of the word and the normative emergence of images Conclusion. The link of the image: link to the foundations of the image
£45.59
Taylor & Francis Ltd Fiduciary Duty and the Atmospheric Trust
Book SynopsisThis book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia''s most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems thaTrade Review'These stimulating essays confront the incapacity of our democratic and international institutions to meet the challenge of Carbon emissions. The authors canvass the possibility of refining and developing existing legal concepts, including the public trust doctrine, the fiduciary duty, integrity regimes and sovereign trust obligations, so as to breathe life into our institutions and equip them to meet that challenge.' Sir Anthony Mason, AC, KBE, QC, formerly ninth Chief Justice of the High Court of AustraliaTable of ContentsChapter 1 Rulers’ Duties to Our Environment?, Ken Coghill, Charles Sampford, Tim Smith; Chapter 2 Fiduciary Duty and Climate Governance: Challenges for International Diplomacy and Law, Will McGoldrick, Donald Feaver, Andrew Maver; Chapter 3 Public Trusts and Fiduciary Relations, Paul Finn; Chapter 4 Trust, Governance and the Good Life, Lisi Oliver, Charles Sampford; Chapter 5 Public Officials, Public Trusts and Fiduciary Duties, John Glover; Chapter 6 Atmospheric Trust Litigation Across the World, Mary Christina Wood; Chapter 7 Fiduciary Principles and International Organizations, Donald Feaver; Chapter 8 High Court of Australia on Fiduciary Theory, Rosemary Teele Langford; Chapter 9 Applying Fiduciary Duty in Real Politik, Andrew Murray; Chapter 10 Fiduciary Duty, Democracy and the Rule of Law, Robert Clark; Chapter 11 The Role of Fiduciary Duty in Safeguarding the Future, Kelvin Thomson; Chapter 12 A Ponzi Scheme on the Environment? Failures of Fiduciary Duty and the Challenges of Climate Governance, Fiona Haines; Chapter 13 From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment through a Fiduciary Prism, Evan Fox-Decent; Chapter 14 Conclusion, Ken Coghill, Charles Sampford, Tim Smith;
£47.49
Taylor & Francis Law Psychoanalysis Society
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£39.99
Taylor & Francis Ltd The Routledge Handbook of Philosophy of Public
Book SynopsisIn comparison to medicine, the professional field of public health is far less familiar. What is public health, and perhaps as importantly, what should public health be or become? How do causal concepts shape the public health agenda? How do study designs either promote or demote the environmental causal factors or health inequalities? How is risk understood, expressed, and communicated? Who is public health research centered on? How can we develop technologies so the benefits are more fairly distributed? Do people have a right to public health? How should we integrate ethics into public health practice?The Routledge Handbook of Philosophy of Public Health addresses these questions and more, and is the first collection of its kind. Comprising 26 chapters by an international and interdisciplinary team of contributors, the handbook is divided into four clear parts: Concepts and distinctions Reasons and actions Distribution and inequalitiesTable of ContentsIntroduction: Philosophy and Public Health Alex Broadbent and Sridhar Venkatapuram Part 1: Concepts and Distinctions 1. The Public in Public Health John Coggon 2. Medicine and Public Health Daniel Steel 3. Groups and Individuals Stephen John 4. Concepts of Health and Disease in Public Health Benjamin Smart 5. Public Health and Ethics Sridhar Venkatapuram 6. The Philosophical Implications of Fundamental Cause Theory Daniel Goldberg 7. Causal Pluralism and Public Health Federica Russo Part 2: Reasons and Actions 8. External Validity and Public Health Chad Harris 9. Explanation in Public Health Olaf Dammann 10. Evidence-Based Medicine and Public Health Mathew Mercuri and Ross E. G. Upshur 11. Profiling in Public Health Winnie Ma 12. Big Data and Public Health Derek W. Braverman 13. Machine Learning and Public Health: Philosophical Issues Thomas Grote and Alex Broadbent Part 3: Distribution and Inequalities 14. Capabilities, Human Flourishing, and the Health Gap Michael Marmot 15. Measuring Social Position in Health Inequality Research Mel Bartley 16. Race and Racism in Public Health M.A. Diamond-Hunter 17. Sex and Gender Blind Spots and Biases in Health Research Avni Amin, Lavanya Vijayasingham, and Jacqui Stevenson 18. Global Health Indicators and Data: Communicative Signs and Sites of Contest Sara L. M. Davis 19. Securitization and Health Jeremy Youde 20. Health, Place and Justice: A Philosophical Appraisal of Promoting Equity in Covid-19 through Disadvantage Indices Samantha Fritz, Tuhina Srivastava, Emily Sadecki, and Harald Schmidt Part 4: Rights and Duties 21. Social Justice and Public Health Maxwell J. Smith 22. Health, Healthcare, and Public Health as Objects of (Human) Rights Michael Da Silva 23. Disability Justice and Public Health Agnès Berthelot-Raffard 24. Ageing and Justice in Health: A Conceptual Map toward a Unified View Kebadu Mekonnen Gebremariam and Ritu Sadana 25. Philosophical Issues in Cancer and Public Health Anya Plutynski 26. Public Health, Human Rights, and Philosophy Kristen Hessler. Index
£185.25
Cambridge University Press Legal Fictions in Private Law
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£95.00
Cambridge University Press Toward an Informal Account of Legal
Book SynopsisToward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention.Table of Contents1. An informal opening; 2. Among the formalist ghosts; 3. Walking softly: the positivist contribution; 4. Walking with purpose: a naturalist turn; 5. Back to the future: an originalist gambit; 6. A hard line: further positivist efforts; 7. Crossing over: the anti-formalist critique; 8. Moving on: an ideological inquiry; 9. Law and ideology: the informalist approach; 10. Looking for the informal judge.
£23.74
Edinburgh University Press Character Writing and Reputation in Victorian Law
Book SynopsisDrawing on primary sources including novels, Victorian periodical literature, legislative debate, case law and legal treatise, Cathrine O. Frank traces the ways conventions of literary characterisation mingled with character-centred legal developments to produce a jurisprudential theory of character that extends beyond the legal profession.
£23.74
Duke University Press Affective Justice
Book SynopsisSince its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a significant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337
£27.90
Bloomsbury Publishing PLC Rationale-Based Defences in Criminal Law
Book SynopsisPRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.Trade ReviewDsouza reveals how much more thinking remains to be done about one of criminal law theory’s most discussed topics ... those seeking to make further progress in thinking about defences in criminal law will profit by engaging with this thoughtful, challenging and inventive book. -- James Edwards * The Modern Law Review *This is an impressive piece of work: it is carefully reasoned, responsive to existing debates in criminal law theory, and always mindful of the practical implications of the theoretical claims it defends. -- Zachary Hoskins, University of Nottingham * Criminal Law and Philosophy *Table of ContentsPart I: Overview 1. The Proposed Borders of Justification and Excuse Part II: Defences in the Structure of the Criminal Law 2. Reasons and Perspective in the Criminal Law 3. The Normative Guidance Underlying the Criminal Law Part III: Translating Theory into Doctrine 4. The Theoretical Framework of Rationale-Based Defences 5. The Contours of Paradigmatic Justifications 6. Rationale-Based Excuses 7. Supervening Justificatory Necessity 8. Mapping the Model’s Implications
£37.99
Bloomsbury Publishing PLC The Emotional Brain and the Guilty Mind: Novel Paradigms of Culpability and Punishment
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£76.00
Bloomsbury Publishing PLC New Essays on the Nature of Legal Reasoning
Book SynopsisThis is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.Table of ContentsIntroduction Mark McBride (National University of Singapore) and James Penner (National University of Singapore) PART I GENERAL JURISPRUDENCE AND LEGAL REASONING 1. On the Relationship between Law and Legal Reasoning Fred Schauer (University of Virginia, USA) 2. The Law of the Street Barbara Baum Levenbook (North Carolina State University, USA) 3. Must Legal Reasons Be General? Fábio Perin Shecaira (Federal University of Rio de Janeiro, Brazil) 4. The Factor Model and General Jurisprudence Adam Rigoni (Arizona State University, USA) PART II RULES AND REASONS 5. No Reasons Mark McBride (National University of Singapore) 6. Revisiting the Reasons Account of Precedent Grant Lamond (University of Oxford, UK) 7. Grant Lamond’s Account of Precedent: A Personal Encounter John Horty (University of Maryland, USA) 8. How to Govern Conduct Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA) 9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Judge-Made Law James Penner (National University of Singapore) PART III DOCTRINE AND PRACTICE 10. Thinking Like a Lawyer: An Introduction to Common Law Method Sundram Peter Soosay (Independent Scholar) 11. How the Ideal Adversary System’s Argumentative Structure Threatens Dignity Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada) 12. Lesser Evils, Mere Permissions and Justifying Reasons in Law Rob Mullins (University of Queensland, Australia) 13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View Scott Brewer (Harvard University, USA)
£85.50
Bloomsbury Publishing PLC Agency, Morality and Law
Book SynopsisHow does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule’s legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.Table of ContentsPART 1 ESTABLISHING THE PGC AS A SUPREME MORAL PRINCIPLE 1. The PGC as a Supreme Moral Principle 1. Introduction 2. The Dialectical Necessity of Morality 3. Philosophical Criticisms of the PGC 4. Conclusion 2. The PGC in Raz’s Hierarchy of Reasons 1. Introduction 2. Raz on the Nature of Reasons 3. Resolving Conflicts between Reasons 4. Conclusion PART 2 ESTABLISHING PERMISSIBILITY WITH REFERENCE TO THE PGC AS A NECESSARY CONDITION OF A RULE’S LEGAL VALIDITY 3. Agency, Morality and Law 1. Introduction 2. The PGC and Legal Norms 3. The Operation of the PGC within a Legal System 4. Conclusion 4. Raz and Legitimate Legal Authority 1. Introduction 2. Raz, Legal Authority and the Contingency Thesis 3. Authority to Make Law and the Sources Thesis 4. Systemic Functionality 5. Obligations to Obey the Law 6. Conclusion 5. Contemporary Inclusive Positivism 1. Introduction 2. David Lyons and Formalism 3. Incorporationism and Jules Coleman 4. The Moderate Incorporationism of Matthew Kramer 5. Conclusion Conclusion
£85.00
