Methods, theory and philosophy of law Books
Oxford University Press Inc Justice Migration and Mercy
Book SynopsisPolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusTrade ReviewThe literature on migration in political philosophy is by now mature, and well-trodden argumentative paths map the contours of its central questions. This makes it all the more impressive that Michael Blake's Justice, Migration, and Mercy manages to navigate those questions in a novel and genuinely distinctive way, as well as to chart out new routes for exploration in the terrain of debate. It will prove valuable to both students of migration in political philosophy, for the lucidity with which it approaches its central questions and relates them to contemporary migration politics (especially in the USA), and to partisans in the debates in which Blake engages, for the original perspective that it articulates and for Blake's thoughtful engagement with his interlocuters. * Jamie Draper, Res Publica *What is unique about Blake's book is that he goes beyond justice to argue that mercy creates other obligations for us to take care of other people, regardless of whether those people have rights in justice to that sort of care. It is a strength of his book that it inspires us to think beyond simply what liberal states must do to avoid being unjust, to the virtues that such states ought to cultivate to become morally better political communities. * Renée Nicole Souris, Philosophia *In conclusion, Michael Blake's new book is a relevant contribution to the migration ethicsliterature to the extent that it introduces a major challenge to the open borders position whileinviting migration scholars to get rid of the restraints of justice by enriching their moral vocabulary. * Mario Josue Cunningham Matamoros, Ethical Theory and Moral Practice *Michael Blake's book offers a distinctive and illuminating perspective on questions about immigration. Blake is a well known political philosopher, and this book has his characteristic clarity, precision, and sharpness. The book is aimed at a wider audience than his fellow philosophers, however. It is filled with examples, stories, and links to current political debates that will help ordinary readers to understand why it is important both to reflect carefully about highly contested issues and to expand the moral vocabulary that dominates conventional discussions of immigration. It is an engaging and provocative read. * Joseph H. Carens, Professor of Political Science, University of Toronto *In the increasingly polarized literature on migration, Blake's approach will be controversial. The book defends some bracing conclusions: Blake argues that would not be unjust for the state to deport undocumented migrants, to prevent the spouses and family members of its own citizens from settling, and to close its borders to all would-be migrants except refugees (though these acts would be unmerciful). Still, even those who disagree (as I do) with these policy conclusions will find the book of considerable philosophical interest. Blake connects migration ethics to a broader picture of what states owe members and outsiders in a world structured as a system of separate legal jurisdictions. This is a real innovation in the migration literature, and an idea worth building upon. * Anna Stilz, Notre Dame Philosophical Reviews *For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated and develops a number of fruitful arguments....[T]his is one of the most important books on immigration policy in the past few years and should be read by those with an interest in the topic, as well as by people hoping to develop accounts of virtues other than justice in political philosophy. * Matt Lister, Ethics *Table of ContentsPreface Chapter One: On Morality and Migration Chapter Two: Justice and the Excluded, Part One: Open Borders Chapter Three: Justice and the Excluded, Part Two: Closed Borders Chapter Four: Justice, Jurisdiction, and Migration Chapter Five: Coercion and Refuge Chapter Six: Choosing and Refusing: On Migration, Exclusion, and the Bigot's Veto Chapter Seven: People, Places, and Plans: On Love, Migration, and Documentation Chapter Eight: Reciprocity, the Undocumented, and Jeb Bush Chapter Nine: On Mercy in Politics Chapter Ten: Migration and Mercy Bibliography
£17.99
Oxford University Press Inc Structural Injustice
Book SynopsisMadison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden''s theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a Trade Reviewa profound and fascinating essay on the structural injustices shaking our times... genuinely a philosophical essay. Yet one of its most significant merits is that it is written for various audiences, including researchers in bioethics and public health ethics, political philosophers, journalists, and activists. * Ryoa Chung, Hastings Center Report *This is an urgently needed book. Madison Powers and Ruth Faden have constructed a powerfully reasoned, deeply learned, and richly perceptive theory that places the problem of structural injustice at the heart of political philosophy... The authors make conceptual breakthroughs that open new perspectives on old debates, and they write with authority and clarity on every issue they address. Their discussion is filled with wisdom and discernment, informed by a deep understanding of philosophical and social science literatures. I hope this book influences scholars, activists, policymakers, and the public at large; it should be widely studied and discussed, its arguments and insights put to productive use. * Jamie Mayerfeld, Ethics and International Affairs *The notion of 'structural injustice' is now commonplace among academics and activists, but this book is rare in giving it a rigorous philosophical elucidation, tying it to human rights violations, unfair disadvantage, and unfair power relations. It is a book richly informed by contemporary philosophical debates, yet written in a clear and accessible style with plenty of references to real-world examples. And it is attentive to the global dimension of the structural injustices that disfigure the contemporary world. It is a model of what philosophy that is engaged with realworld problems can be. * John Tasioulas, University of Oxford *Table of ContentsPreface Chapter 1: Introduction 1.1 Structural Injustice 1.2 Plan of the Chapters Chapter 2: Well-Being 2.1. The place of well-being in our theory 2.2. The Socratic and structural dependence arguments 2.3. The core elements 2.4. A decent human life 2.5. An alternative to universal endorsement approaches to justification 2.6. Three implications of the roles of our conception of well-being Chapter 3: What justice is 3.1. Moral importance and stringency 3.2. Claimability and specificity 3.3. Rightful enforceability 3.4. Unfairness norms Chapter 4: what structural injustice is 4.1. Significant impacts, structural components, and social groups 4.2. Social structural components and their systematic influence 4.3. Power, advantage, and social position 4.4. Background assumptions Chapter 5: Well-being ad human rights 5.1. The function of rights 5.2. Dignity and well-being interests 5.3. The social functions of human rights 5.4. Counterpart duties and general responsibilities: a pragmatic approach Chapter 6: The Responsibility of States 6.1. The normative uniqueness of state agency and its implications 6.2. The Strong Statist Challenge 6.3. National self-determination arguments 6.4. The Principle of Interstate Reciprocity 6.5. The power of non-State institutions in the current global order Chapter 7: Real-World Examples 7.1. National sacrifice zones: from Appalachia to Warren County 7.2. The globalization of sacrifice zones 7.3. Segregated cities: "two societies,EL separate and unequal" 7.4. Urban 'slums': the proliferation of informal human settlements Chapter 8: Resistance to injustice: activism and social movements 8.1. Individual responsibility in a nearly just society 8.2. Means and goals of resistance in less ideal circumstances 8.3. Targets of resistance: contributors and beneficiaries 8.4. Conclusion: well-being and social movements Bibliography
£23.61
Clarendon Press The Right to Private Property
Book SynopsisCan the right to private property be claimed as one of the `rights of mankind''? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke''s Second Treatise and Hegel''s Philosophy of Right to illustrate this contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author''s overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions.Trade Review`A thoughtful and meticulous book ... consistently intelligent and often highly instructive.' Times Literary Supplement`an exceptionally clear and useful account ... Waldron's book demonstrates where an effort to take "the right to private property" seriously ought to lead.' Times Higher Education Supplement`scholarly book' Robert Oakeshott, Political Quarterly, 61.3 July-Sept 1990`His extensive discussion of Locke will not disappoint ... immensely rich. Highly recommended for all university and college libraries' Religious Studies Review`lucid and authoritative book ... A book like this is intended to be the beginning, not the end, of thinking about the subject it covers.' Constitutional Commentary`thoughtful, tightly reasoned book ... a very clear and extraordinarily sophisticated analysis of property rights.' Michigan Law Review`we should be grateful for the wealth of intelligent and insightful analyses in this big book' Dialogue`The great merit of Waldron's study is that it brings a high-powered and unforgiving microscope to one argument: that there is a right to private property ... Because the study of the right to property can lead in so many directions, and because Waldron is aware of them, this is a major contribution to contemporary political theory.' Political StudiesTable of ContentsPart 1: The Framework: Introduction; What is private property?; Right-based arguments; Special rights and general rights; Part II: The arguments: Arguing for property; Locke's discussion of property; Historical entitlement: some difficulties; General-right-based arguments for private property; The Proudhon Strategy; Hegel's discussion of property; Self-ownership and the opportunity to appropriate; Property for all; Bibliography; Index
£42.07
Oxford University Press GEN THEORY NORMS HARTNEYC
Book SynopsisHans Kelsen is considered by many to be one of the foremost legal thinkers of the twentieth century. He made important contributions to many areas, but especially to legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, 1934 (presently being translated by Stanley Paulson for OUP) and its fullest expression in the second edition of Reine Rechtslehre, 1960. During the last decade of his life he was working on what he called a general theory of norms. When he died in 1973, he left a lengthy manuscript, which was published in 1979 as Allgemeine Theorie der Normen. This book is the translation - General Theory of Norms. It is thus the last work of one of the most important legal theorists this century. In it, Kelsen develops his `pure theory of law'' into a `general theory of norms''. In so doing, he provides a new basis for some of the positions he espoused earlier on, but also reTrade Review`at last Hartney has given us a superb translation of it into English ... His analysis has much else of interest, and one is alwasy impressed by the rigour of his thought. He has here, as I said, been extremely well served by his translator. Several past efforts at translating Kelsen have been sad, broken-backed affairs. Not Hartney's. He is to be congratulated on the brilliant accomplishment of an excruciatingly difficult task.' Times Literary Supplement`a fascinating glimpse into Kelsen's intellectual history and formation' Zenon Bankowski, Times Higher Education Supplement'Hartney deserves the highest praise for rendering into understandable English - virtually deciphering the German text - the intricate, abstract ideas of one of the more remarkable legal theorists of the 20th century. Required reading for all students of legal philosophy.' R.J. Steamer, emeritus, University of Massachusetts at Boston, Choice, Feb '92'Thanks to a lucid and generally readable translation from the German by Michael Hartney, it may well go some way to restoring Kelsen's reputation as a communicator of ideas ... Legal historians will delight in the wealth of information presented in the appendix to this volume ... I recommend this book to as wide a readership as possible.' Gary P. Bignall, Queen's University, Belfast, Northern Ireland Legal Quarterly, Vol. 43, No. 1, Spring 1992`thanks to the Herculean efforts of Michael Hartney, we have a fine English translation, General Theory of Norms ... it is a work of enormous interest ... Two indexes, including an unusually rich and detailed subject index, complete the work. It is, in every respect, a fine edition' Oxford Journal of Legal Studies`In the Paulson translation ... we have our first opportunity to read in English what might be regarded as the classical version of Kelsen's Pure Theory of Law ... backed by the most faultless scholarship ... contains an invaluable introduction Stanley Paulson's introduction is a masterpiece of elegance and lucidity; while making a very substantial and important critical point against Kelsen, the essay is so clear that it could be read with profit by a complete novice ... Michael Hartney's introduction to General Theory of Norms is also an important contribution to jurisprudential scholarship in its own right. Hartney offers the reader indispensable assistance in the formidable task of studying this huge, untidy, and sometimes confused book ... With these two formidable translation, English-speaking jurists are offered not only a feast of Kelsenism, but an intellectual challenge and a daunting personal example.' Cambridge Law Journal'The translation is excellent. There is also a stimulating and highly informative introduction, and a useful index.' Deryck Beyleveld, The Modern Law Review, Vol. 56'thanks to the Herculean efforts of Michael Hartney, we have a fine English translation, General Theory of Norms' Stanley L. Paulson, Oxford Journal of Legal Studies, Vol. 12, No. 2 (1992)Kelsen is to be admired for the ruthless honesty and tenaciousness of his exploration of the implications of his basic ideas. Equally impressive is Michael Hartney's superb translation, with excellent apparatus and introduction. This work is essential reading for anyone concerned in legal or politico-legal theory. * Political Studies *
£128.25
Oxford University Press The Concept of a Legal System
Book SynopsisWhat does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
£68.00
Oxford University Press Essays in Jurisprudence and Philosophy
Book SynopsisThese essays, which cover a wide range of topics, were written by Professor Hart between 1953 and 1981, and first appeared in a variety of different books and journals.
£48.45
Oxford University Press Causation in the Law
Book SynopsisAn updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
£72.25
Clarendon Press A Normative Approach to War Peace War and Justice in Hugo Grotius
Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.
£142.38
Clarendon Press Inclusive Legal Positivism
Book SynopsisThis book develops a general, philosophical theory about the nature of law and its relationship with morality. Its central theoretical question is whether, in determining the extent of our legal rights and obligations, judges must appeal to moral principles and values. The author argues that they often do, and develops a philosophical theory which accomodates this fact.Trade Reviewmuch of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal StudiesThere are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *
£162.00
Oxford University Press A Theory of Constitutional Rights
Book SynopsisIn any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy''s classic work, available now for the first time in English reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horTrade ReviewThis work provides one of the most penetrating, analytically refined, and influential general accounts of constitutional rights available. American realists will recognize the structure of rights it proposes as functional and pragmatic. Comparative constitutional jurists will recognize it as a reconstruction of what is, perhaps, the dominant understanding of constitutional rights in the world. It would be a mistake for constitutional scholars of any tradition not to engage this book seriously. * Mattias Kumm *Juian Rivers deserves credit not only for a text which does full justice to Alexy's renowned lucidity, but also for an introduction which argues persuasively for the relevance of Alexy's understanding of constitutional rights. * Legal Studies *... a valuable contribution to our appreciation of the wider context in which both the German Federal Constitutional Court (FCC) and US Supreme Court operate. * European Public Law *... provide(s) us with a stimulating theoretical account of the method of adjudication employed by the judges of the FCC, as well as some insight into the workings and background assumptions of German constitutional law. * European Public Law *... reveal(s) numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other. * European Public Law *... challenge(s) us to question some assumptions about UK public law and the role of the judge within it. * European Public Law *... provides a series of challenging arguments that draw together fine theoretical developments with a clear analysis of the German case law. Undoubtedly, it constitutes a building block of every serious discussion on constitutional rights and everyone who is interested in these issues should compare his views with Alexy's. His subtle analytical distinctions would shed much light over utterly obscure issues such as horizontality, proportionality, scope, and limits of rights. Moreover, a British audience puzzled by the role of a new Bill of Rights would find much relief from a comparative insight on questions of rights. The strength of this book is that it provides a sound framework for initiating a discussion on constitutional rights. * International and Comparative Law Quarterly *... provides an excellent analytical framework to deal with the most difficult constitutional rights issues. * International and Comparative Law Quarterly *Table of ContentsPREFACE ; A Theory of Constitutional Rights and the British Constitution ; 1. The Content and Purpose of a Theory of Constitutional Rights ; 2. The Concept of a Constitutional Rights Norm ; 3. The Structure of Constitutional Rights Norms ; 4. Constitutional Rights as Subjective Rights ; 5. Constitutional Rights and Legal Status ; 6. The Limits of Constitutional Rights ; 7. The General Right to Liberty ; 8. The General Right to Equality ; 9. Rights to Positive State Action ; 10. Constitutional Rights and Constitutional Rights Norms in the Legal System ; POSTSCRIPT
£155.12
Clarendon Press Playing by the Rules
Book SynopsisThis is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.Trade Review'Schauer has written a serious work in the philosophy of law and language, which can most fully be evaluated by specialists in those fields ... Schauer takes great care to be as precise as he can in his formulations.' Mark V. Tushnet, Georgetown University, Michigan Law Review'With Frederik Schauer's Playing by the Rules, we have a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important.' Leslie Green, York University, Toronto, American Political Science Review, Vol. 88, No. 1, March 1994`a clear and interesting account of one type of social rules ... This excellent book shows that a work can be both compact and important' American Political Science Review
£62.90
Clarendon Press Judge Without Jury Diplock Trials in the Adversary System Omclj Oxford Monographs on Criminal Law and Justice
Book SynopsisAfter a Commission chaired by Lord Diplock recommended that cases connected with the 'troubles' should be tried by judge alone, rather than jury, the Diplock Courts have been a controversial feature of Northern Ireland's response to political violence. This title assesses the impact of Diplock Courts and considers their broader implications.Trade Review...a thoughtful and reasoned account of the way in which Diplock courts appear to operate....an impressive account of an intriguing experiment in criminal procedure. Their book can be strongly recommended. * The Cambridge Law Journal *'This is a great book...This book should be bought and considered by the widest possible readership. The research is meticulous and well tabulated. The style academic yet eminently readable. The sources are impeccable. An expensive book which, looking backwards, is a brilliant historical account...this is a book for our time and beyond.' * Frontline *'a major contribution to research in the field of criminal justice.' * Just News, December 1995 *'These empirical findings are integrated with a scholarly discussion of rules of evidence and procedure and of theories of trial...it will be a great interest for students of trial processes...As a study of the interplay between legal rules and working rules, this book is a valuable socio-legal addition to the scholarly Oxford Monographs in Criminal Law and Justice series.' * The Howard Journal Vol.35 No.4 *
£96.75
Clarendon Press Public Prosecutors and Discretion A Comparative Study Oxford Monographs on Criminal Law and Justice
Book SynopsisAssesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text develops three models of justice seeking to analyze and explain the increased use of prosecutorial power.
£144.00
Clarendon Press Law Language and Legal Determinacy
Book SynopsisLaw, Language, and Legal Determinancy discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. The book argues that the major re-thinking of the common and `common sense'' views about law that have been proposed by various recent legal theorists are unnecessary.Trade Reviewa densly-packed, yet subtle book ... his analysis is inclusive and succinct * Dalhousie Journal of Legal Studies *
£54.15
Oxford University Press, USA Exploitative Contracts
Book SynopsisExplores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. This volume discusses the criteria for a claim of 'legal contractual exploitation'. It examines the consequences of this conception of exploitation upon the contract law doctrines of unconscionable dealing, duress, and undue influence.Trade Review...the reader will benefit from Bigwood's guide to what is now a very large body of doctrine...this book refuses to be swamped by the amount of material it discusses. * Cambridge Law Journal *Table of Contents1. Prospectus ; 2. Operational Bargaining Norms: Contracting Beyond Utopia ; 3. Contract and Justice: From Involuntariness to Exploitation ; 4. Legal Contractual Exploitation ; 5. Towards a Purely Processual Conception of Legal Contractual Exploitation ; 6. Exploitation of Special Disadvantage: Unconscionable Dealing ; 7. Contracting Under Duress ; 8. Exploitation of Deferential Trust: Relational Undue Influence ; 9. Beyond Legal Contractual Exploitation: Towards a Common Law Precept of Transactional Care ; References
£167.88
Clarendon Press Ethics in the Public Domain
Book SynopsisThis new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.Trade ReviewAn excellent exposure to Raz's recent thoughts ... Raz offers sharp opinions in clear and unpretentious prose * London Review of Books *Table of ContentsI: THE ETHICS OF WELL-BEING: POLITICAL IMPLICATIONS ; II: BETWEEN LAW AND MORALITY
£48.45
Oxford University Press Institutions of Law
Book SynopsisInstitutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick''s well-known ''institutional theory of law'', defining law as ''institutional normative order'' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart''s The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly ''system theory''. It also seeks to clarify the nature of claims to ''knowledge ofTrade ReviewMacCormick's general theory of law finds his most detailed expression in Institutions of Law. This book...is an elucidation of the concept of law as a kind of institutional normative order realised prominently...in the modern state. * Cristobal Orrego, University of the Andes, Chile, Jurisprudence *Table of ContentsPreface ; Acknowledgements ; PART I: NORM, INSTITUTION AND ORDER ; 1. On Normative Order ; 2. On Institutional Order ; 3. Law and the Constitutional State ; 4. A Problem: Rules or Habits? ; PART II: LEGAL POSITIONS AND RELATIONS ; 5. On Persons ; 6. Wrongs and Duties ; 7. Rights and Obligations ; 8. Legal Relations and Things: Property ; 9. Legal Powers and Validity ; PART III: LAW STATE AND CIVIL SOCIETY ; 10. Powers and Public Law: Law and Politics ; 11. Constraints on Power: Fundamental Rights ; 12. Criminal Law and Civil Society: Law and Morality ; 13. Private Law and Civil Society: Law and Economy ; PART IV: LAW, VALUE AND METHOD ; 14. Positive Law and Moral Autonomy ; 15. On Law and Justice ; 16. Laws and Values: Reflections on Method
£100.00
Oxford University Press, USA Tort Liability Under Uncertainty
Book SynopsisThe book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.Trade Review... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *Table of ContentsIntroduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation
£167.50
Oxford University Press Practical Reason and Norms
Book SynopsisPractical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.Trade ReviewAny serious reader should recognize the volume's rigor, sophistication, subtlety, and admirable ambitious sweep. It remains Raz's most impressive achievement ... the republication of Practical Reason and Norms ... is a welcome event. Anyone interested in legal or moral philosophy ... would be advised to pursue it. * Matthew H Kramer, Cambridge Law Journal *
£46.80
Oxford University Press Vagueness in Law
Book SynopsisVagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication.The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely of legal language: the linguistic and non-linguistic resources of the law are commonly vague.These claims have consequences that have seemed unacceptable to many legal theorists. Because law is vague, judges cannot always decide cases by giving effect to the legal rights and obligations of the parties. Judges cannot always treat like cases alike. The ideal of the rule of law seems to be unattainable. The book offers a new articulation of the content of that ideal. It argues that the pursuit of justice and the Table of Contents1. Introduction ; 2. Linguistic Indeterminacy ; 3. Sources of Indeterminacy ; 4. Vagueness and Legal Theory ; 5. How not to Solve the Paradox of the Heap ; 6. The Epistemic Theory of Vagueness ; 7. Vagueness and Similarity ; 8. Vagueness and Interpretation ; 9. The Impossibility of the Rule of Law ; Bibliography ; Index
£127.50
Oxford University Press, USA Positive Law and Objective Values
Book SynopsisThis book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.Trade Review... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed. * The Cambridge Law Journal *Table of Contents1. Constitutive Conventions ; 2. Conventions and The Normativity of Law ; 3. Exclusive Legal Positivism ; 4. The Separation Thesis and The Limits of Interpretation ; 5. Authority and Authorship ; 6. Three Concepts of Objectivity ; 7. Four Questions about The Objectivity of Law ; 8. The Objectivity of Values ; Bibliography
£94.00
Clarendon Press Change and Continuity Statute Equity and Federalism Clarendon Law Lectures
Book SynopsisThis volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions.Trade ReviewThe strength of Justice Gummow's work is its detailed and authoritive discussion concerning the various approaches used to develop and adapt the law. The table of cases and index are convenient additions to the text. Change and continuity: statute, equity, and federalism is thought-provoking reading and offers an informative perspective of the nature of law and doctrinal development. * International Trade and Business Law Annual *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J.H.Bogart, The Law and Politics Book Review Vol.10 No.3, March 2000. *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J H Bogart, The Law and Politics Book Review Vol 10 No 3 (March 2000) *...Justice Gummow gives us plenty of food for thought. * Roger Brownsword Law Quaterly Review October 2000 *"...there is a great deal of subject matter and thought in this small, yet panoramic, treatise." * Prof P H Lane The Australian Law Journal November 2000 *Table of ContentsPreface ; Table of Cases ; Lecture 1 The Common Law and Statute ; Lecture 2 Equity Follows the Law ; Lecture 3 Federalism ; Index
£123.75
Oxford University Press Legality and Legitimacy
Book SynopsisThis book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt''s legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen''s legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller''s position iTrade ReviewDyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ... * History of European Ideas 26 (2000) 225-264 *Dyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ... * History of European Ideas 26 (2000) 225-264 *The subtle contours ... will repay careful and sustained reading ... scholarly and well written ... a powerful antidote to the sad apologetics still being pandered by those who have sought to promote the work of one of fascism's most intelligent theorists. * Mark Neocleous, Radical Philosophy, jul-aug 99 *Table of Contents1. Legality and Legitimacy - Refractions from Weimar ; 2. Friend and Enemy: Schmitt and the Politics of Law ; 3. The Pure Theory in Practice: Kelsen's Science of Law ; 4. The Legitimacy of Legal Order: Hermann Heller's Legal Theory ; 5. Lessons from Weimar: The Legitimacy of Legality ; Index
£63.90
Oxford University Press, USA Criminology and Social Theory Clarendon Studies in Criminology
Book SynopsisThis collection reflects upon the ways in which crime and its control feature in the political and cultural landscapes of contemporary societies. The book discusses the meaning of crime and punishment in late-modern society.Trade ReviewUp-to-date, yet accessible exposition of criminological theory * Dr Yvonne Jewkes, Coventry University *The essays provide a good overview of a broad spectrum of the subject. * Paul Okojie, Manchester Metropolitan University *A tidy and very well priced volume giving access to overarching themes and issues in criminology. * Dr D. A. Holmes, Manchester Metropolitan University *
£28.49
Oxford University Press Preventive Justice
Book SynopsisThis book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state''s use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state''s use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limitTrade Review'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' * Henrique Carvalho, Modern Law Review *'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' * Nicola Lacey, British Journal of Criminology *'Ashworth and Zedner's Preventive Justice is the culmination of a project running over several years ... It is historically and theoretically informed and thoroughly convincing ... The authors' work is simultaneously groundbreaking and of direct practical application, and deserving of considerable praise.' * James Chalmers, Edinburgh Law Review *Table of Contents1. Introduction: the State and Coercive Preventive Measures ; 2. The Historical Origins of the Preventive State ; 3. Prevention, Policing and Criminal Procedure ; 4. Civil Preventive Orders ; 5. Preventive Offences in the Criminal Law: Rationales and Limits ; 6. Risk Assessment and the Preventive Role of the Criminal Court ; 7. Preventive Detention of the Dangerous ; 8. Counter-Terrorism Laws and Security Measures ; 9. Public Health Law, Prevention and Liberty ; 10. Prevention and Immigration Laws ; 11. Conclusions: the Preventive State and its Proper Limits ; Bibliography
£37.99
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
£49.99
Oxford University Press Law as a Leap of Faith
Book SynopsisHow do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have ''constitutions''? Should everyone want to live under a system of law? Is there a special kind of ''legal justice''? Does it consist simply in applying the law of the system? And how does it relate to the ideal of ''the rule of law''?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentTrade ReviewEvery essay in this collection contains many interesting and important claims, insights, and speculations ... this is a most impressive book. * Brian H. Bix, Cambridge Law Journal *Table of ContentsIntroduction ; 1. Law as a Leap of Faith ; 2. Legal Positivism: 5 1/2 Myths ; 3. Some Types of Law ; 4. Can There be a Written Constitution? ; 5. How Law Claims, What Law Claims ; 6. Nearly Natural Law ; 7. The Legality of Law ; 8. On the Supposed Formality of the Rule of Law ; 9. Hart on Legality, Justice, and Morality ; 10. The Virtue of Justice, the Character of Law ; 11. Law in General
£33.57
Oxford University Press Constitutional and Political Theory
Book SynopsisIn this edition of Ernst-Wolfgang Böckenförde's definitive work in constitutionalism, law and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court, available in the English language for the first time.Trade ReviewBoth as a justice and thinker, Ernst-Wolfgang Böckenförde is a towering figure in German law and philosophy. It is past time for the English-speaking world to fully confront his remarkable contributions to modern constitutionalism. * Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University *Few scholars have been as decisive and important to German constitutional thinking as Ernst-Wolfgang Böckenförde. The translation into English of some of his major works will make a similar contribution to constitutional theorizing well beyond the German-speaking world. Böckenförde falls into the rare category of indispensable scholarship. * J. H. H. Weiler, Joseph Straus Professor of Law and European Union Jean Monnet Chair, New York University School of Law *This is a major contribution to the debate and should be read by everyone with interests at the intersection of constitutional and political theory. * Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs, the Woodrow Wilson School and the University Center for Human Values, Princeton University *Table of ContentsMirjam Künkler and Tine Stein: Introduction 1. Political Theory of the State I: Security and Self-Preservation before Justice: The Paradigm Shift and Transition from a Natural-Law to a Positive-Law Basis in Thomas Hobbes' System of Law (2004) II: The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory III: The State as an Ethical State - Der Staat als Sittlicher Staat (1978). IV: The Repressed State Of Emergency. The Exercise of State Authority in Extraordinary Circumstances (1978) Part 2. Constitutional Theory Mirjam Künkler and Tine Stein: Introduction to Part 2 V: The Concept and Problems of the Constitutional State (1997) VI: The Historical Evolution and Changes in the Meaning of the Constitution - Geschichtliche Entwicklung und Bedeutungswandel der Verfassung (1984) VII: The Constituent Power of the People: A Liminal Concept of Constitutional Law (1986) VIII: Constitutional Jurisdiction: Structure, Organization, and Legitimation (1999) Part 3. Fundamental Rights and Constitutional Principles Mirjam Künkler and Tine Stein: Introduction to Part 3 IX: Critique of the Value-Based Grounding of Law (1990) X: Fundamental Rights as Constitutional Principles: On the Current State of Interpreting Fundamental Rights (1990) XI: The Fundamental Rights: Theory and Interpretation (1974) XII: Protection of Liberty against Societal Power: Outline of a Problem (1975) Part 4. On the Relationship between State, Citizenship and Political Autonomy Mirjam Künkler and Tine Stein: Introduction to Part 4 XIII: The Persecution of the Jews as a Civic Betrayal (1997) XIV: State Citizenship and the Concept of Nationality (1995) XV: The Future of Political Autonomy: Democracy and Statehood in a time of Globalization, Europeanization, and Individualization (1998) XVI: Which Path is Europe Taking? (1997) Part 5. Böckenförde in Context XVII: Biographical Interview with Ernst-Wolfgang Böckenförde (2011)
£38.47
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
£37.99
Clarendon Press Precedent in English Law
Book SynopsisPresenting a basic guide to current doctrine of precedent in England, this book discusses such topics as ratio decidendi, the role of precedents in legal reasoning and their significance as a source of law. This edition takes into account recent developments and the impact of EC law.Trade Review`The best book in its field on the topic.' Mark Lunney, King's College London`This is an excellent book and it is an essential reading for anyone who wants to know the operation of English law.' Say Hak Goo, University of Exeter`This is an excellent book which will remain a primary text for many years to come.' Stephen Shute, Corpus Christi College`An excellent survey of `precedent' in English law.' A.M. McGuire, Leicester PolytechnicTable of ContentsThe English doctrine of precedent; "ratio decidendi" and "obiter dictum"; "stare decisis"; exceptions to "stare decisis"; precedent as a source of law; precedent and judicial reasoning; precedent and legal theory; the future.
£68.40
Oxford University Press, USA Normativity and Norms Critical Perspectives on Kelsenian Themes
Book SynopsisHans Kelsen's legal philosophy and legal theory is regarded by many in the field as the most influential theory in this century. This volume makes available some of the best work extant on Kelsens' theory, including papers newly translated into English.Trade Reviewa collection of essays thoroughly edited by Stanley Paulson and Bonnie Litschewski Paulson ... Within this review, it is impossible to give a complete overview of this rich discussion and to relate it to other Kelsenian debates. Fortunately, this is done by Stanley Paulson's instructive introduction ... well chosen collection. * Nils Jansen, Cambridge Law Journal, 1999 *Centring on the themes closely tied to the most influential legal philosophy and legal theory of the century, this book comprises articles by the best writers in the field, selected and edited by the Paulsons. What is more, the leading authority on Kelson's theory, Stanley Paulson, has contributed a rich and suggestive introduction to the volume. * Robert Alexy, University of Kiel *This book, on Kelsen and beyond, underscores the role of the normativity of the law in the work of the greatest legal philosopher of our century. * Paolo Comanducci, University of Genoa *Normativity and Norms is a singlularly distinguished painstakingly edited collection that represents an estimable contribution to international research on Kelson's work. * Ralf Dreier, University of Gottingen *Once again we are indebted to the Paulsons for the light shed by their masterly scholarship and by their encouragment of other scholars upon the work of a thinker of unique significance in twentieth-century social and practical philosophy. * John Finnis, University College, Oxford University *Stanley and Bonnie Paulson have brought together an invaluable set of papers that offers not only deep insight into the thinking of one of our preeminent legal philosophers, but also a fresh appreciation of the incomparable impact Kelson's work has had on this century's debates on legal philosophy. Many of these texts are original contributions or have been translated into English for the first time. * Lukas H. Meyer, University of Bremen *This is the most insightful selection of writings about Hans Kelsen's important theory, edited by the best expert on the subject. All serious students of the Pure Theory of Law will simply have to read it. * Aleksander Peczenik, University of Lund *This remarkable volume brings together some of the most important work on legal positivism written in this century, including newer essays by eminent scholars in the field. And in an introductory essay, Stanley L. Paulson provides an illuminating account of the major strengths and attendant shortcomings of Kelsen's Pure Theory of Law. In short, the volume is indispensable reading for anyone interested not just in the theory of legal positivism but in legal theory generally. * Alexander Somek, University of Vienna *Table of ContentsAbbreviations ; Introduction ; PART I. INTELLECTUAL DEBTS ; 1. Foreword to the Second Printing of Main Problems in the Theory of Public Law (1923) ; 2. Kelsen's Earliest Legal Theory: Critical Constructivism ; PART II. NORMATIVITY AND THE SCOPE OF KELSEN'S THEORY ; 3. Kelsen Visited ; 4. Kelsen's Theory of the Basic Norm ; 5. The Basic Norm of a Society ; 6. The Law as Pure 'Sollen' sui generis ; 7. The Reception of Norms and Open Legal Systems ; PART III. THE NORMATIVITY PROBLEMATIC: KANTIAN ARGUMENTS VERSUS KELSEN WITHOUT KANT ; [PART III] A. A KANTIAN OR NEO-KANTIAN DIMENSION IN THE PURE THEORY OF LAW? ; 8. Pure Theory of Law, 'Labandism', and Neo-Kantianism. A Letter to Renato Treves ; 9. A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law ; 10. The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen ; 11. On the Transcendental Import of Kelsen's Basic Norm ; [PART III] B. KELSEN WITHOUT KANT ; 12. Some Confusions Surrounding Kelsen's Concept of Legal Validity ; 13. Two Models of Legal Validity: Hans Kelsen and Francisco Suarez ; 14. The Purity of the Pure Theory ; 15. Methodological Syncretism in Kelsen's Pure Theory of Law ; PART IV. TOWARD A THEORY OF LEGAL NORMS ; [PART IV] A. RAMIFICATIONS OF KELSEN'S POST-1960 SHIFT ; 16. An Antinomy in Kelsen's Pure Theory of Law ; 17. Normativism or the Normative Theory of Legal Science: Some Epistemological Problems ; 18. Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder ; [PART IV] B. ON THE EXPRESSIVE CONCEPTION OF NORMS ; 19. Is and Ought ; 20. The Expressive Conception of Norms ; 21. The Expressive Conception of Norms: An Impasse for the Logic of Norms ; PART V. POWERS, LEGAL POWERS, AND EMPOWERING NORMS ; 22. Kelsen and Legal Power ; 23. Reflections on Science, Law, and Power ; 24. Voluntary Obligations and Normative Powers ; 25. Legal Powers ; 26. Powers and Power-Conferring Norms ; PART VI. ON THE THEORY OF PUBLIC INTERNATIONAL LAW ; 27. Monism and Dualism in the Theory of International Law, (1938) ; 28. Sovereignty, (1962) ; 29. Kelsen's Doctrine of the Unity of Law ; List of Contributors ; Index of Subjects ; Index of Names
£189.12
Oxford University Press The Federal Contract A Constitutional Theory of
Book SynopsisFederalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which in turn requires a particular, ''territorialised'' approach to many of the fundamental concepts with which constitutionalists and political actors operate: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change and, ultimately, the legitimacy link between constitutionalism and democracy.In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories that characterise the nature of modern constitutionalism: foundations, authority, subjecthood, purpose, design and dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.Trade ReviewStephen Tierney's The Federal Contract: A Constitutional Theory of Federalism combines insights from legal and political philosophy and comparative law but explicitly distinguishes itself by its application of Tierney's conception of constitutional theory. It should interest scholars in each of these fields. * Michael Da Silva, University of Southampton, UK, Publius *Stephen Tierney's trailblazing theory of federalism is a masterpiece in constitutional studies. Theoretically rigorous and full of vivid illustrations from the world around, The Federal Contract disrupts much of what we know about federalism and opens our eyes to new possibilities for this common form of government. No future scholarship on federalism will be complete without confronting Tierney's paradigm-shifting thesis on federalism's first principles. * Richard Albert William Stamps Farish Professor in Law and Director of Constitutional Studies at the University of Texas at Austin; founding co-editor of I-CONnect, the blog of the International Journal of Constitutional Law *This book is a major achievement. A product of deep expertise and sustained critical reflection, it sets out to rethink the idea and practice of federalism - and triumphantly succeeds. Building on Tierney's previous work, it draws out the radical potential of the 'federal turn'. In particular, this book shows that taking federalism seriously requires a root and branch rethinking of constitutional orthodoxy. And it does so with remarkable intellectual acuity, rigorous scholarship and pellucid prose. All in all, The Federal Contract is a landmark work of constitutional theory. * Colm O'Cinneide, Professor of Constitutional and Human Rights Law, Faculty of Laws, University College London *Countless authors, writing from various disciplinary angles, have sought to explain what federalism is for or how it works (or not). Tierney takes us on a journey to unveil what, from the perspective of constitutional theory, federalism actually is. With breath-taking erudition, Tierney brings the reader to revisit concepts of constitutionalism, constituent power, sovereignty, state, nation, and people to compellingly argue that federal states are born of a distinctive, original, and inherent constitutional recognition of territorial pluralism. * Johanne Poirier, Peter MacKell Chair in Federalism, Faculty of Law, McGill University *The Federal Contract is the most significant work of federal theory and constitutionalism in a generation. Tierney lays bare the elisions and omissions in modern constitutional theory that have worked to sideline the federal idea as a distinct form of constitutional government. He responds in resounding fashion with a robust theory of federal constitutionalism, articulating the core constitutional purposes of federalism and showcasing the wide institutional variation that can achieve those aims. Tierney thus reanimates federalism's radical potential as a constitutional idea for complex societies. In so doing, he has produced a brilliant book of exceptional importance for scholars and constitutional drafters alike. * Erin F. Delaney, Professor of Law, Pritzker School of Law, Northwestern University *A comprehensive constitutional theory of federalism as a discrete approach to the organisation of the state has been needed for a long time. It has become increasingly pressing as the number and diversity of federal-type systems proliferate. This splendid book meets the need by adapting the construct of a social contract to the essential pluralism of a federal democratic state. In doing so, it provides a distinctively federal account of core constitutional concepts, from sovereignty to democracy. It deserves to be in high demand. * Cheryl Saunders AO, Laureate Professor Emeritus, University of Melbourne Law School, President Emeritus of the International Association of Constitutional Law and former President of the International Association of Centres for Federal Studies *We now have the answer to a question all serious scholars of things constitutional will welcome. Thus, to the question whether there is one book that must be read to grasp the conceptual intricacies of federalism, the answer could not be any clearer: Stephen Tierney's The Federal Contract. Rich in philosophical acuity and constructive in its provocations, this re-thinking of the fundamentals of a healthy constitutional federalism should quickly become essential reading for constitutional theorists and designers alike. Tierney's masterly deployment of comparative examples results in a commendable openness to the multiple ways in which the federal solution can culminate in a salutary outcome. * Gary J. Jacobsohn, H. Malcolm Macdonald Professor of Constitutional and Comparative Law University of Texas at Austin Department of Government *The Federal Contract is a ground-breaking work that unearths the core purpose of federalism by reconceiving it through constitutional theory. A masterful opus on federalism and constitutionalism, it makes inherently pluralised constituent power key to the federal foundational moment, hence grounding the specificity of federalism as a genus of constitutionalism.? It is an invaluable contribution to legal and political theory. * Geneviève Nootens, Professor of Political Science, University of Quebec *Professor Tierney has given us an urgently needed constitutional theory of federalism, one that is historically placed and comparatively informed. Along the road, he contributes in major ways to - and challenges - contemporary understandings of sovereignty, constituent power, the state, constitutional authority, and of other key concepts of constitutional thought. The Federal Contract is a book that we all should read and learn from. * Joel Colón-Ríos, Professor, Faculty of Law, Victoria University of Wellington *The Federal Contract presents an original and carefully constructed constitutional theory of federalism in conditions of territorial pluralism. In addition, the theory is grounded in an outstanding history of federalism. It will be of interest to scholars and students of both federalism and constitutionalism. * James Tully, Emeritus Professor, University of Victoria *
£85.09
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
£78.00
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 *
£36.99
Oxford University Press Courts and Comparative Law
Book SynopsisWhile the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.Trade ReviewThis book provides a great starting point for much needed further research. * Roberto Caranta, Common Market Law Review *
£94.85
Oxford University Press The Morality of Defensive Force
Book SynopsisWhen is it morally permissible to engage in self-defense or the defense of others? Jonathan Quong defends a variety of novel ideas in this book about the morality of defensive force, providing an original philosophical account of the central moral principles that should regulate its use. We cannot understand the morality of defensive force, he reasons, until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this stance, Quong presents new views on liability, proportionality, and necessity. He argues that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one''s own life and interests, contrary to the dominant view in the literature. Additionally Quong develops a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, he argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The book concludes with Quong''s extended defense of the means principle, a principle that prohibits harmfully using other persons'' bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use.Trade ReviewQuong defends a powerful account of the grounds and conditions under which an agent may justifiably inflict serious harm on another person. * Cecile Fabre, Criminal Law and Philosophy *The Morality of Defensive Force offers a rich and challenging account of the ethics of self-defence from one of the world's leading theorists of defensive harm. Quong's lively, lucid and imaginative prose is a joy to read ... this book is surely essential reading for anyone working on the ethics of harming and related topics. * Helen Frowe, Stockholm University *Quong's brilliant book is distinguished by its great originality and creativity ... Quong's careful and rigorous arguments are important contributions not just to our understanding of the morality of defense but also to a wide range of general issues in moral philosophy. * Jeff McMahan, Sekyra and White's Professor of Moral Philosophy, University of Oxford *Jonathan Quong is one of the very best moral and political philosophers working in the world today. His distinctive and carefully developed work on self-defence has already had a profound impact on the field. His book, which draws together and develops this work, is an outstanding achievement that will have lasting significance in debates about some of the most important philosophical and practical questions that we face. * Victor Tadros, Warwick University *Among its many virtues, The Morality of Defensive Force offers a sustained and powerful critique of the moral responsibility account. * Michael Otsuka, Criminal Law and Philosophy *The Morality of Defensive Force is packed with forceful, novel arguments. It will no doubt become a cornerstone of work on the justifications and limits of defensive harm. It strikes a great balance between being accessible to those who want to pick it up for a particular topic—for example, those interested only in the necessity condition, the bearing of evidence on rights, or the means principle—and at the same time being a rewarding, well-integrated read. * Joseph Bowen, Ethics *Table of Contents1: Introduction 2: Liability 3: Agent-Relative Prerogatives 4: Proportionality 5: Necessity 6: Rights and Evidence 7: The Means Principle
£80.00
Oxford University Press From Personal Life to Private Law
Book SynopsisMounting a lawsuit against someone who has wronged you is a prospect no less fearful than being on the receiving end of such a lawsuit. Litigation in the courts has a reputation for being a byzantine process far removed from ordinary life, often failing to address people''s real grievances while adding to their pain. Yes, there is money to be had if you win. But beyond that, what is it all in aid of? In this book John Gardner argues that, in spite of their legal intricacy, many of the questions that perennially occupy the courts in civil cases are actually timeless puzzles about the human condition. The architecture of the law of torts and the law of contract turns out to track the contours of personal life much more closely than you might expect. Using a wide range of examples from literature and life as well as law, Gardner explores big questions about our relationships to our own pasts and our own futures as well as to other people. What are friends for? Why does it matter how your actions turn out? What is the good of saying sorry? Why regret your mistakes? How can anyone be compensated for an irreversible loss? Why would you want to hold onto the life you already have? And what does any of this have to do with all those protracted legal disputes about damaged cars, ruined holidays, and leaky roofs?Trade Reviewcontains enough insights to reward multiple readings * Andrew S. Gold, Law and Philosophy *Table of ContentsIntroduction 1: Something Came Between Us 2: That's the Story of My Life 3: It's Not About the Money 4: Say It With Flowers 5: The Way Things Used To Be 6: That Was Then and This Is Now
£29.49
Oxford University Press Modernism and the Meaning of Corporate Persons
Book SynopsisLong before the US Supreme Court announced that corporate persons freely speak with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning--on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms--still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.Trade ReviewThe lessons that Modernism and the Meaning of Corporate Persons afford are both timely and timeless. The fundamental questions that Siraganian's study poses are perennial ones of legal and philosophical thought regarding corporate personhood ... Siraganian's history both finds possible avenues for wrestling with these questions that we have largely forgotten or ignored, and, in the process, tells a clear story of corporate personhood in the US. In this way, this study is likely to be a touchstone for those interested in law and literature, as well as studies of corporate personhood more broadly. * Kevin Musgrave, American Literary History *Modernism and the Meaning of Corporate Persons is a genealogy of a legal concept read through the lens of the aesthetic revolution that occurred simultaneously. It admirably weaves together sustained analyses of case law, legal philosophy, and literature. Scholars interested in legal history, intellectual history, or jurisprudence, will find much to interest them here. * Jack Quirk, Law, Culture and the Humanities *A complex and comprehensive examination of how corporate bodies, though separate from individual persons, might indeed have similar intentionality along with collective inattention ... This is an innovative and insightful study, both timely and universal. * T. Bonner Jr., CHOICE *An erudite and impressive book. The final chapter on race and corporate personhood is particularly satisfying ... Siraganian unveils a legal fiction more bizarre and convoluted than could be dreamed up by the most ingenious modernist. Reckoning with this dimension of corporate personhood may prove helpful for challenging America's racial formations and for imagining antiracist alternatives. * Clare Eby, Twentieth-Century Literature *They do everything people do—except breathe, die and go to jail for dumping 1.3 million pounds of PCBs in the Hudson River." You may recognize this characterization of corporations from the satire of Stephen Colbert, but it is Lisa Siraganian who unearths the legal and literary foundations of corporate personality in her extraordinary Modernism and the Meaning of Corporate Persons. .... The brilliance of Modernism and the Meaning of Corporate Persons lies in its dedicated multidisciplinarity. Siraganian honors the means and ends of the law, literature, and philosophy and uses their disparate ways of thinking, feeling, and reasoning to illuminate the soulless corporation in all its unnatural personhood * The Modernist Studies Association *Modernism and the Meaning of Corporate Persons is that rare work that draws upon a genuine mastery of two distinct disciplines, and in so doing generates striking new insights in both. Moving adroitly between US jurisprudence and case history on the one hand and modernist literature on the other, it shows how the legal invention of corporate personhood reverberated well beyond the nation's courts and boardrooms. Indeed, this bold and often-dazzling study reveals the persistence and rigor with which the likes of Gertrude Stein, Muriel Rukeyser, F. Scott Fitzgerald, George Schuyler, and Ralph Ellison used the evolving doctrine of corporate personhood to think through issues as seemingly diverse as authorial intention and the nature of social and political collectives. * Michael Szalay, author of New Deal Modernism: American Literature and the Invention of the Welfare State *Modernism and the Meaning of Corporate Persons offers a compelling argument by opening up, far beyond traditional doctrinal concerns, novel vistas on corporate personhood that will greatly interest both those working in the field of Law and the Humanities and legal professionals. Crisply written, this is a thought-provoking monograph that forces us to reflect on acute philosophical and ethical questions about what it means to be "a person" in every sense of the word. * Jeanne Gaakeer, author of Judging from Experience *Table of ContentsIntroduction: Acting Corporate 1: Contracting Without Meaning 2: Incoherent Corporate Speech 3: Emergent Corporate Mind 4: Limited Poetic Liability 5: Invisible Corporate Man Coda as Brief: Contemporary Literature v. Hobby Lobby
£97.00
Oxford University Press The Use of Force against Individuals in War under
Book SynopsisIs it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.Trade ReviewKa Lok Yip's monograph is an important contribution to the scholarly literature on international law, human rights, global studies, and social theory. I hope this book inspires more scholars to analyze other conceptions of justice and moral responsibility in the context of war. * Salvador Santino F. Reglime, Jr, Associate Professor of International Relations Institute for History, Leiden University, the Netherlands, International Studies Review *Table of ContentsGeneral Introduction Chapter 1: The Legality of the Use of Force against Individuals in War Description of a Difficulty I. Introduction II. Legal Norms Relevant to the Use of Force against Individuals in War III. Jurisprudence on the Relationship among Different Legal Norms Relevant to the Use of Force against Individuals in War IV. Key Approaches to the Relationship among Different Legal Norms Relevant to the Use of Force against Individuals in War V. Conclusion Chapter 2: Six Concepts of Legality and their Disambiguation I. Introduction II. Vertical Legality III. Horizontal Legality IV. De-conflation of Different Concepts of Legality V. Conclusion Chapter 3: Verticalizing and Horizontalizing the Notion of Legality under International Human Rights Law I. Introduction II. The Layered Nature of Legality under IHRL for the Right to Life and the Right to Liberty III. The Dimension of Vertical Legality under IHRL IV. The Dimension of Horizontal Legality under IHRL V. Conclusion Chapter 4: Subjectivising and Objectivising the Legal Techniques for Establishing the Relationship among International Legal Norms I. Introduction II. Justifications for and Limits to the Use of Legal Techniques III. Applying Lex Specialis to Establish the Relationship among Different Laws on the Use of Force against Individuals in War IV. Applying Systemic Integration to Establish the Relationship among Different Laws on the Use of Force against Individuals in War V. Conclusion Chapter 5: Ontologising the Laws on the Use of Force against Individuals in War I. Introduction II. Social Ontology III. The Ontological Presuppositions of LOAC and IHRL IV. Three Patterns of Ontological Conflation V. Conclusion Chapter 6: Agents and Structures in the Field of Via Dolorosa I. Introduction II. Effects of Social Structures on the Practices of the Use of Force against Individuals in War III. Effects of Human Agency on the Practices of the Use of Force in Armed Conflict and Occupation IV. Convergence of Laws, Conflation of Ontologies V. Conclusion General Conclusion Theoretical Implications Methodological implications Practical Implications
£99.00
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 The EU Digital Services Act
Book SynopsisThe EU Regulation on a Single Market for Digital Services (Digital Services Act, the ''DSA'') is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU''s reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines. The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely
£185.25
Oxford University Press A Philosophy of Evidence Law
Book SynopsisThe dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood tTrade ReviewHo's book A Philosophy of Evidence Law is an important contribution to this emerging body of literature at the interface between evidence scholarship and philosophy. This monograph is an excellent exemplar of this kind of interdisciplinary work, as it combines a deep understanding of the law of evidence with rigorous philosophical analysis, and it succeeds in showing the relevance of abstract theory to the detailed study of evidence rules and legal problems. The book is also to be commended for its breath of analysis, for it examines evidence rules of both criminal and civil law in several common law jurisdictions, with a foray into international law and continental law. * Amaya, Amalia (2009) "The Ethics of Trial Deliberation: Moral Agency in Legal Fact-Finding," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 2 *Ho is admirably clear and eloquent in patiently setting out his stall and defending his thesis...It is compellingly written, and arguments are carefully cross-referenced. As a normative critique of the law of evidence, it deserves to take its place alongside recent well-known works such as Alex Stein's Foundations of Evidence Law...and Larry Laudan's Truth, Error, and Criminal Law...A Philosophy of Evidence Law: Justice in the Search for Truth is an impressive work of scholarship. * Andrew L-T Choo, The Edinburgh Law Review, Volume 13, 2009 *In summary the book embodies vast learning, makes many acute points, and in so doing has driven some of the piles preparatory to the task of bridging the gap between theory and practice in the law of evidence. * Professor Colin Tapper, Law Quarterly Review, 2009 *Ho's book is important and well worth study by evidence scholars and others interested in the morality and epistemology of legal fact-finding. * William E. O'Brian Jr, The Modern Law Review 72 (1) *This is a scholarly, well-researched and thought provoking work, providing an excellent introduction to the theoretical underpinnings of evidence law. * Andrew C. Stumer, International Commentary on Evidence, Vol 6, Issue 1 *Ho has written an erudite and timely text that lawyers and judges ought to consider reading to enhance the proper working of the judicial system, especially in the age of digital evidence * Stephen Mason, ICLQ, Vol 58 *Table of Contents1. Fact-Finding ; 2. Truth, Justice, and Justification ; 3. Epistemology of Legal Fact-Finding ; 4. Standard of Proof ; 5. Hearsay ; 6. Similar Fact Evidence
£97.75
Oxford University Press Law and Disagreement
Book SynopsisWhen people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration?The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding '' providing that the majority decision does not violate individual rights.''In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolveTrade Review... shrewd observations about the place of majority voting. * The Philosophical Review, Oct 2002 *...marvellously challenging, engaging and courageous...The arguments and stimulating and helpful * William Lucy The Modern Law Review November 2000 *Waldron is making an influential contribution to legal philosophy ... Walsron is an eloquent advocate for democratic processes and the protection of autonomy. * Robert John Araujo, S. J., International Philosophical Quarterly December 2000 *
£57.00
Oxford University Press, USA Criminal Law Theory Doctrines of the General Part Oxford Monographs on Criminal Law and Justice
Book SynopsisWritten by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into a range of principles of criminality. It advances our understanding of such key issues as what amounts to a criminal act or omission, the state of mind of the perpetrator, and defences.Trade ReviewThe essays are philosophically sophisticated and tightly argued. * Legal Studies *The combined efforts of these authors address some of the fundamental 'general part' debates that underlie the specific offences that make up the criminal law ... it does successfully take the reader beyond definitional questions of the specific type of offence to ask philosophical questions of the moral and social underpinnings of our conception of criminality, that have application in criminal practice. * Modern Law Review *Table of ContentsGENERAL EDITOR'S PREFACE ; PREFACE ; THE CONTRIBUTERS ; 1. On the General Part in Criminal Law ; 2. Limitations on Criminalization and the General Part of Criminal Law ; 3. Rule Violations and Wrongdoings ; 4. The Modern General Part: Three Illusions ; 5. Making Criminal Law Known ; 6. Criminal Liability for Omissions - An Inventory of Issues ; 7. Involuntary Crimes, Voluntarily Committed ; 8. Knowledge and Belief in the Criminal Law ; 9. Knowledge, Belief and Culpability ; 10. Recklessness and the Duty to Take Care ; 11. Battered Women Who Kill Their Sleeping Tormentors: Reflections on Maintaining Respect for Human Life While Killing Moral Monsters ; 12. Killing the Passive Abuser: A Theoretical Defence ; 13. Testing Fidelity to Legal Values: Official Involvement and Criminal Justice ; INDEX
£117.00
Oxford University Press, USA Rethinking the Reasonable Person An Egalitarian Reconstruction of the Objective Standard
Book Synopsis'Rethinking the Reasonable Person' investigates whether there are deeper foundations to criticisms of whether the "reasonable person" concept presupposes contested notions of 'normal' behaviour and therefore may discriminate against certain classes of defendant, discussing how the legal standard might be reconstructed in a more egalitarian way.Trade ReviewThe author dissects the concept of the reasonable person with intelligence and wit. ... This excellent book will no doubt be at the centre of debates about the reasonable person standard for some considerable time to come. * European Tort Law 2003: Tort and Insurance Law Yearbook *Table of ContentsiIntroduction Personal Problems: Rethinking the Reasonable Person ; One Living on the Fault Line: The Reasonable Person and the Developmentally Disabled ; Two 'Boys Will Be Boys': The Child Defendant and the Objective Standard ; Three Entrapment and Temptations ; Four Just the Facts: Common Sense Ideas of the Normal and the Reasonable Person ; Five Ordinary Prudence, Equality, and the Rule of Law ; Six Are Objective Standards Worth Saving? Exploring the Feminist Debates ; Seven Culpability and the Objective Standard:The Sexual Assault Debate ; Eight Moving Towards a Solution: An Egalitarian Objective Standard ; TABLE OF CASES ; TABLE OF LEGISLATION ; BIBLIOGRAPHY
£117.00
Clarendon Press Rules Reasons and Norms
Book SynopsisPhilip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book deals with the rule-following character of thought. The second discusses the many factors to which choice is rationally responsive - and by reference to which choice can be explained - consistently with being under the control of thought. The third examines the implications of this multiple sensitivity for the normative regulation of social affairs. Thus the volume covers a large swathe of territory, ranging from metaphysics to philosophical psychology to the theory of rational regulation. The connections that Pettit makes between these areas are original and illuminating.Each part of the book develops a key theme. The first is that thought succeeds in following rules - and overcomes Wittgenstein''s rule-following problem - so far as it is response-dependent; it is a sort of enterprise that is accessible only to creatures like Table of ContentsI.0 MY CLAIMS ABOUT THOUGHT ; II.0 MY CLAIMS ABOUT CHOICE ; III.0 MY CLAIMS ABOUT REGULATION
£42.27
