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Book SynopsisWith a Foreword by the South African Minister of Water Affairs and Forestry, Kader Asmal. The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic, mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar -who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers, lawyers and non-lawyers alike, interested in the relationship between law and justice, as it is exposed during a period of transition to democracy. "...an excellent commentary on a crucial period...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice. .." -Paul Williams (Journal of Modern African Studies) "a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law". -Scott Veitch (Res Publica) "The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus' book, capture the misery and suffering of a nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of law's effect...the book is as much about hope as it is about pain. Judging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-turner" -Vivian Grosswald Curran (Alberta Law Review) "...an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event...Second, it develops an extended argument for a challengingly normative conception of the rule of law. And third, the book is well written and a pleasure to read." -Michael Milde (Canadian Journal of Law and Jurisprudence) "Dyzenhaus's sophisticated treatment...may yet serve as a benchmark statement in future debates, whether or not one agrees with its philosophical point of departure." -Aletta J. Norval (Constellations) "As legal fora increasingly lose direct state-related implementation power as a result of globalization and regionalization, judges will need to consider methods that pursue civil and social justice when actual implementation is likely to be imperfect or ineffectual. Judging the Judges, Judging Ourselves is an excellent contribution to considerations of this historical dilemma." -John P. McCormick (New York University Journal of Law and Social Change) "...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial function...This is a splendid book." -The Hon Sir Anthony Mason "Judging the Judges, Judging Ourselves underscores the imperative that, as the idea of equal citizenship takes root in the new South Africa, the links between social justice and procedural morality should be forged rather than assumed." -Christine Sypnowich (Oxford Journal of Legal Studies)Trade ReviewThrough his close scrutiny of the Legal Hearing of the South African Truth and Reconciliation Commission, Dyzenhaus renders notable service as an historian and philosopher of law. His book becomes an intentional part of the work of the tribunal and an enduring part of the archive in the 'struggle against forgetting' (p.182). His admonitions and arguments about law help us to understand possibilities and pitfalls of the ongoing work of democratic law in all societies. Peter d'Errico The Law and Politics Book Review June 2004 ...provides an excellent commentary on a crucial period of the TRC's investigations designed to highlight the unavoidable connections between philosophy, law and politics...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice as well as those with a specific interest in the particularities of the South African transition. Paul Williams Journal of Modern African Studies June 2002 The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus book, capture the misery and suffering of nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of laws effect, an illustration of Robert Covers thesis that law does not merely perpetrate and depend on violence, but that it is violence. Professor Dyzenhaus argues that law also can offer the promise of justice. In this respect, the book is as much about hope as it is about painJudging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-tuner, as the author alternated among legal theory, argument and testimony. In the context of the voices of the dispossessed, quoted word for word, no doubt can remain as to why the questions this book poses are vital, or as to whether we need be concerned with trying to formulate and articulate the theoretical underpinnings of judicial systems and the appropriate conduct of judges. Vivian Grosswald Curran Alberta Law Review September 2002 Judging the Judges, Judging ourselves is an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event: the inquiry by South Africa's Truth and Reconciliation Commission into the operation of that country's legal system under Apartheid. Second, it develops an extended argument for a challengingly normative conception of the rule of law, complete with compelling practical illustrations of what can happen if officials charged with maintaining the integrity of a legal system adopt a less substantive standard. And third, the book is well written and a pleasure to read. Michael Milde Canadian Journal of Law and Jurisprudence September 2002 ...a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. In the argument's unfolding it comes to be a challenge not only to South African lawyers' self-understanding of their past roles and present and future commitments, but also to lawyers and western legal systems more generally. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law. Scott Veitch Res Publica September 2002 ...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial functionThis is a splendid book. The Hon Sir Anthony Mason Law Society Journal September 2002Table of ContentsChapter 1. Truth, Memory and the Rule of Law Chapter 2. Judicial Dilemmas: Tales of (Dis)empowerment Chapter 3. Memory’s Struggle Chapter 4. The Politics of the Rule of Law Schedule of the Hearing 184

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Book SynopsisThis book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.Table of Contents1. Introduction.- 2. Holmes' Critical Experience in War.- 3. Experience, Inference and Surviving.- 4. Holmes, Pragmatism and Nature.- 5. Duty, Surviving, Social Contract.- 6. Emersonian Sensibilities.- 7. Bounded Choice, Human Freedom and Problem Solving.- 8. Naturalizing Decision-Making.- 9. Ethics, Body Politic, and Neuroscience.- 10. Neuroscientific Considerations and the Law.- 11. Conclusion.

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Book SynopsisThis book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.Table of ContentsThe Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems.- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law.- Progress in Purity v. Purity in Progress. On: “The Law works itself pure.- In the Mix: Common Law and Civil Law Approaches United.- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems.- A Matter of Choice: On China’s Transition to a Civil Law System.- Xxx.- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds.- Civil Law is only more or less Common Law – why Overstate the Difference?.- Common Law and Civil: Tree Diagram or Pyramid of Norms?.- A Positive Turn: Originalism between Common Law and Civil Law.- Common Law, Civil Law, and the Data of Legal Philosophy.- A Post Mortem on Legal Science?.- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries.- Common Law and Civil Law – The Matter of Constitutional Reasoning.

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Book SynopsisThis textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book. Table of Contents

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Book Synopsis Unlike conventional interpretations of Kant's Rechtslehre, Rainer Friedrich demonstrates that Kant does not derive the necessity of a state of public law from natural property law. Rather, the innate human right of liberty forms the subjective legal basis of the state. The close textual analysis both consults the preparatory studies to the doctrine of law and virtue and Kant's relevant lectures and considers contemporary commentaries. The study emphasizes the systematicity of duty underlying the Rechtslehre, Kant's doctrine of subjective rights, the doctrine of original acquisition and the significance of the general will for private law, together with the transition from private to public law. Rainer Friedrich provides a coherent historically and systematically arranged reconstruction of Kant's rationality of law.

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Book SynopsisVor dem Hintergrund der Frage, ob der souveräne Staat noch die angemessene Gestalt ist, in der sich menschliches Zusammenleben organisieren kann, klärt Marco Haase Grundfragen der Rechts- und Staatsphilosophie. Ausgangspunkt ist die erkenntnistheoretische Frage, was unter einem gesellschaftlichen Gebilde wie dem Staat zu begreifen sei. Dabei erweist sich, daß der Geltungs- und Wirkgrund einer staatlichen Rechtsordnung der freie, autonome Wille ist.Im Mittelpunkt der Untersuchung steht Hegels hermeneutische Rechts- und Staatstheorie, die einerseits von Kelsens positivistischer Rechtslehre, andererseits von Kants vernunftrechtlichem Ansatz abgegrenzt wird. Der Autor zeigt dabei die innere Denknotwendigkeit auf, die von Kelsen über Kant zu Hegel führt. Er weist nach, daß sich hinter Kelsens Begriff der Grundnorm das Problem des freien Willens verbirgt, und legt dar, daß die Frage, wie der freie Wille in der Welt wirken kann, zu Kants Theorie der Kunst führt, die zugleich den Schlüssel für die Deutung der Kantischen Erkenntnis- und Sozialphilosophie bildet. Auf diesen Ergebnissen aufbauend läßt sich zeigen, inwiefern Hegels Begriff des freien, sich selbst bestimmenden Geistes Gestalt in der Rechtsordnung des souveränen Staates gewinnt.Die Untersuchung macht nicht nur deutlich, inwiefern Kultur und Recht sich wechselseitig bedingen, sondern auch, daß die Frage nach der Souveränität des Staates und nach der Autonomie des Menschen zugleich die Frage danach ist, was den Sinn des Weltgefüges im ganzen begründet.

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Book SynopsisContributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by:Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

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Book SynopsisJedem sind sog. "Nudges" schon begegnet. Diese zwingen kein bestimmtes Verhalten auf, wollen aber in eine bestimmte Richtung schupsen ("to nudge"). Stephan Gerg untersucht die verfassungsrechtlichen Grenzen, wenn die öffentliche Hand auf den Bürger unbewusst oder nur halb bewusst durch "Nudges" und damit abseits von Ge- und Verboten sowie wirtschaftlichen Anreizen einwirkt. Hierzu zählen beispielweise Moralappelle, das Einwirken auf den Bürger durch sozialen Druck oder eine Widerspruchslösung im Organspenderecht. Ausgehend von einem juristisch definierten Begriff des Nudgings sollen anhand einer ebenfalls neuen Typologie die verfassungsrechtlichen Maßstäbe untersucht werden - insbesondere die grundrechtlichen Grenzen, der Vorbehalt des Gesetzes und der effektive Rechtsschutz. Im Mittelpunkt steht dabei die Besonderheit des Einwirkens auf die innere Autonomie, die Möglichkeit, den Willen des Bürgers über verborgene oder halb verborgene Beeinflussungspfade zu lenken, um ihm zu "besseren Entscheidungen" zu verhelfen. Wird bereits der Wille des Adressaten beeinflusst, braucht es keine Ver- oder Gebote mehr. Doch der demokratische Rechtsstaat spielt mit offenen Karten. In den Worten des zitierten Goethe ist keiner mehr Sklave, als der sich für frei hält, ohne es zu sein.

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Book SynopsisThis book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction. Table of Contents1. General Introduction.- 2. Rule-of-law and Judicial Federalism: The Role of Ordinary Courts in the Enforcement of Constitutional Rights.- 3. Constitutional Review in the United States of America: Does “Diffused” mean Complete Decentralization?.- 4. The German System of Constitutional Review: Prototype of a Concentrated Model?.- 5. Constitutional Review in Mexico: A Best of All Worlds Solution?.- 6. General Conclusions.

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Book SynopsisThis new English translation of Solov’ëv’s principal ethical treatise, written in his later years, presents Solov’ëv’s mature views on a host of topics ranging from a critique of individualistic ethical systems to the death penalty, the meaning of war, animal rights, and environmentalism. Written for the educated public rather than for a narrow circle of specialists, Solov’ëv’s work largely avoids technical vocabulary while illustrating his points with references to classical literature from the ancient Greeks to Goethe. Although written from a deeply held Christian viewpoint, Solov’ëv emphasizes the turn from his earlier position, now allegedly developing the independence of moral philosophy from metaphysics and revealed religion. Solov’ëv sees the formal universality of the idea of the moral good in all human beings, albeit that this idea is bereft of material content. This first new English-language translation in a century makes a unique contribution to the study of Solov’ëv’s thought. It uses the text of the second edition published in 1899 as its main text, but provides the variations and additions from the earlier versions of each chapter in running notes. Other unique features of this translation are that the pagination of the widely available 1914 edition is provided in the text, and the sources of Solov’ëv’s numerous Biblical quotations and references as well as literary and historical allusions.Trade Review“The translator of this new, highly readable edition of The Justification of the Moral Good, has used the existing English, French and German translations to inform his own, providing detailed notes about how the text changed over its various re-writes by Solovyov. His new edition is likely to serve as the source text for English language scholars and interested readers for years to come, combining an unfussy style with an expert’s insights into Solovyov’s changing writing and overall worldview.” (Andre van Loon, The Berlin Review of Books, berlinbooks.org, September, 2015)Table of ContentsPreface to the Second Edition.- Preface to the First Edition.- Introduction: Moral Philosophy as an Independent Discipline.- Chapter 1: The Original Data of Morality.- Chapter 2: The Ascetic Principle in Morality.- Chapter 3: Pity and Altruism.- Chapter 4: The Religious Principle in Morality.- Chapter 5: On Virtues.- Chapter 6: Pseudo Principles of Practical Philosophy.- Chapter 7: The Unity of Moral Foundations.- Chapter 8: The Unconditional Principle of Morality.- Chapter 9: The Reality of the Moral Order.- Chapter 10: The Individual and Society.- Chapter 11: The Principal Eras in the Historical Development of Personal-Social Consciousness.- Chapter 12: Abstract Subjectivism in Morality.- Chapter 13: The Moral Norm of Sociality.- Chapter 14: The National Question from the Moral Point of View.- Chapter 15: The Penal Question from the Moral Point of View.- Chapter 16: The Economic Question from the Moral Point of View.- Chapter 17: Morality and Legal Right.- Chapter 18: The Meaning of War.- Chapter 19: The Moral Organization of Humanity as a Whole.- Chapter 20: Conclusion: The Definitive Determination of the Moral Meaning of Life and the Transition to Theoretical Philosophy.

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Book SynopsisThe sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.Table of ContentsIntroduction.- Social Protection in the Middle Ages and in the Early Modern State: Alms, Poor Relief, Care, Social Help.- Social Policy in the Empire: The Insurance Solution.- The First World War.- The Weimar Republic.- The Nazi State.- The Post-War Period, the Federal Republic, and the German Democratic Republic.- Social Law as a Scientific Discipline.- Europeanization of Social Law.- Long Term Perspectives for Social Protection.- References.- Index.

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Book SynopsisAuthors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.Table of ContentsIntroductions. Theory and critique of the rule of law, Danilo Zolo. The rule of law: an historical introduction, Pietro Costa. Part I: The European and the North-American historical experiences. The rule of law and the ‘liberties of the English’. The interpretation by Albert Venn Dicey, Emilio Santoro. Popular sovereignty, rule of law and ‘rule of judges’ in the United States of America, Brunella Casalini. Rechtsstaat and individual rights in German constitutional history, Gustavo Gozzi. État de droit and national sovereignty in France, Alain Laquièze. Rechtsstaat and constitutional justice in Austria. Hans Kelsen’s contribution, Giorgio Bongiovanni. Part II: The contemporary theoretical debate. The rule of law between past and future, Luigi Ferrajoli. Beyond the rule law: tyranny of judges or anarchy of lawyers?, Pier Paolo Portinaro. Rule of law and gender identity, Anna Loretoni. Machiavelli, the republican tradition and the rule of law, Luca Baccelli. Rule of law and spontaneous order. Bruno Leoni and Friedrich von Hayek’s criticism of the Euro-continental rule of law, Maria Chiara Pievatolo. Part III: Rule of law and colonialism. Rule of law and natives in North America, Bartolomé Clavero. The colonial model of the rule of law: the African constitution in Guinea, Carlos Petit. Part IV: Rule of law and Islamic culture. Islamic perspectives on constitutionalism, Raja Bahlul. The rule of morally constrained law. The case of contemporary Egypt, Baudouin Dupret. Part V: Rule of law and oriental cultures. ‘Asian values’ and the rule of law, Alice Ehr-Soon Tay. The rule of law and Indian society. From colonialism to post-colonialism, Ananta Kumar Giri. The Chinese legal tradition and the European spirit of the rule of law, Wu Shu-chen. Modern constitutional development in China, Lin Feng. Human rightsand the rule of law in contemporary Chinese legal philosophy and political practice, Wang Zhenmin and Li Zhenghui. Appendix. Bibliographical essay, Francesco Paolo Vertova. The authors. Name index.

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Book SynopsisHow do you describe cyberspace comprehensively?This book examines the relationship between cyberspace and sovereignty as understood by jurists and economists. The author transforms and abstracts cyberspace from the perspective of science and technology into the subject, object, platform, and activity in the field of philosophy. From the three dimensions of 'ontology' (cognition of cyberspace and information), 'epistemology' (sovereignty evolution), and 'methodology' (theoretical refinement), he uses international law, philosophy of science and technology, political philosophy, cyber security, and information entropy to conduct cross-disciplinary research on cyberspace and sovereignty to find a scientific and accurate methodology. Cyberspace sovereignty is the extension of modern state sovereignty. Only by firmly establishing the rule of law of cyberspace sovereignty can we reduce cyber conflicts and cybercrimes, oppose cyber hegemony, and prevent cyber war. The purpose of investigating cyberspace and sovereignty is to plan good laws and good governance. This book argues that cyberspace has sovereignty, sovereignty governs cyberspace, and cyberspace governance depends on comprehensive planning. This is a new theory of political philosophy and sovereignty law.Table of ContentsNoumenon: Thing-in-Itself: Ontology of Cyberspace; Cyberspace Evolution; Cyberspace Security; Cyberspace Sovereignty; Epistemology: The Consideration of Cyberspace Order; The History of Cyberspace Legislation; The Rule of Law in Cyberspace Sovereignty; Methodology: Cyberspace and Order Coordination; Cyberspace and Overall Planning Entropy; The Overall Planning of Cyberspace Justice;

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Book SynopsisThis book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Žižek and from the perspective of Mahāyāna Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies. Table of ContentsChapter 1: Beyond Colonialism: Osmotic Restruction of Gender / Sexual Justice in Hong Kong.- Chapter 2: De / Sexing Fa / Law: Development of an Indigenous Legal Theory of Sexual Justice in Hong Kong.- Chapter 3: Beyond Globalization and Localization: Articulating a Theory of Justice in Han-Chinese Culture.- Part 2: Becoming Justice, Desiring Transformation.- Chapter 4: Simularizing Vijnana and Desire, Repeating Yi / Justice: Transplanting Deleuzean Becoming into the Machine of Hong Kong Anti-Domestic Violence Law.- Chapter 5: Desiring Justce, Acting Jnana: Transforming the Legal Transsexual Fantasy from the Perspectives of Žižekian and Mahayana Buddhist Theory.- Chapter 6: De-aging Family Law: Re-engineering the Children-Adult / Parents Machine.- Part 3. Desexualizing Law, De-aging Subjects.- Chapter 7: Confession of Law? A Critical Perspective on the Production of the Child Subject in Hong Kong Law in Control of Child Sexual Abuse.- Chapter 8: Deterritorializing Sexuality, Act(less)ing Justice: Žižekian / Deleuzean / Lao Zi’s Perspectives on Hong Kong’s Rape Law Reform.- Part 4. Undesiring Control, Respecting Multiplicities.- Chapter 9: Un/Controlling Desire, Becoming Others: Negotiating Justice in the Hong Kong Milieu of Mainland Pregnant Women Influx.- Chapter 10. Un/Desiring Data: Deinformatizing Human Subjects:Decontrolling the Individual in the Age of Internet.- Prologue.

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Book SynopsisKey contemporary discussions of distributive justice have formulated egalitarian approaches in terms of responsibility. But this approach, Hurley contends, has ignored the way our understanding of responsibility constrains the roles it can actually play within distributive justice.Trade ReviewLuck-neutralization is a central concept in contemporary work on distributive justice, and thus moral responsibility is also a central concept (insofar as luck is what one is not morally responsible for). It is therefore fruitful and illuminating to apply important insights from responsibility theory to various theories of distributive justice. The book is written in a lively style, Susan Hurley is remarkably well-versed in the literature on free will and moral responsibility as well as distributive justice, and the ideas are vibrant and provocative...a path-breaking book. -- John Martin Fischer, Professor of Philosophy, University of California RiversideHurley's arguments are highly original. This is an impressive and insightful book. -- Peter Vallentyne, Professor of Philosophy, Virginia Commonwealth UniversityExceedingly rigorous...at the same time, exceptionally reader-friendly...One of the best critical introductions to the...problem of determinism and moral responsibility on the market...[this book] deserve[s] to be read by all responsibility enthusiasts...Eye-opening and exciting...incisive...carefully crafted...ground-clearing as well as path-breaking, [it is]...from start to finish, a true masterpiece of conceptual clarity and tidiness...Shrewdly analyses the relevant concepts...defuses bothersome misapprehensions and misapplications...[and] deftly pulls together the remaining strands...Deeply thought-provoking...[Both egalitarians and inegalitarians] need to rethink their positions. -- Kristjan Kristjansson * Mind *Hurley's penetrating treatment of [responsibility and justice] is bound to have a considerable influence on these fields. I found her subtle taxonomy of reason-responsiveness views especially instructive, and her critique of the idea that responsibility is 'essentially impossible' seems to me a tour de force. Further, the defense of a 'bias-neutralizing' conception of justice in favor of 'luck neutralizing' conceptions will surely have to be reckoned with by anyone who works in these fields. -- Gary Watson * Philosophy and Phenomenological Research *Hurley does a great service to the theory of egalitarianism by doing what most authors have shied away from doing so far, namely, opening the black box of 'responsibility' in order to examine how the various conceptions of responsibility can inform the debate about the just allocation of resources in an egalitarian society. -- Marc Fleurbaey * Philosophical Books *An admirable piece of work...Hurley's book provides a very insightful discussion of the relationship between luck and justice (among several other issues). She has done egalitarians a great service in clarifying the relation between egalitarianism and luck-neutralization. -- Kaspar Lippert-Rasmussen * Philosophy, Politics, and Economics *Hurley's book is a first-rate achievement. It is uniformly informative and clarifying. -- Kaspar Lippert-Rasmussen * Philosophical Books *Hurley's central thesis, that responsibility and luck-neutralization are not the basis of egalitarianism, is original and correct...To my mind, Hurley's thesis engages with many statements that leading egalitarians have put in writing. That thesis, we should recall, is obvious only once Hurley makes her compelling argument for that thesis...The book is dense with thought-provoking ideas. -- Nir Eyal * Economics and Philosophy *Table of ContentsIntroduction: Responsibility and Justice I. RESPONSIBILITY 1. Philosophical Landscape: The New Articulation of Responsibility 2. Why Alternate Sequences Are Irrelevant to Responsibility 3. Why Responsibility Is Not Essentially Impossible 4. Responsibility, Luck, and the "Natural Lottery" II. JUSTICE 5. Philosophical Landscape: The Luck-Neutralizing Approach to Distributive Justice 6. Why the Aim to Neutralize Luck Cannot Provide a Basis for Egalitarianism 7. Roemer on Responsibility and Equality 8. The Currency of Distributive Justice and Incentive Inequality 9. The Real Roles of Responsibility in Justice 10 From Ignorance to Maximin: A Bias-Neutralizing Alternative Appendix: Outline of the Arguments Bibliography Index

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Book SynopsisThe essays in this collection grew out of a series of invited lectures given in France on the nature of justice and the law. They represent a reflection on the relationship of the juridical and the philosophical concept of right, situated between moral philosophy and politics.

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Book SynopsisAn original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.Trade Review‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’ -- Rebecca Parry, Nottingham Trent University, UK‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’ -- Irene Lynch Fannon, University College Cork, IrelandTable of ContentsContents: 1 Introduction: insolvency theory for a new age 1 Emilie Ghio, John M. Wood and Jennifer L. L. Gant PART I PHILOSOPHICAL CONSIDERATIONS AND INFLUENCES ON INSOLVENCY LAW 2 Insolvency law and morality 8 Paul Omar 3 The liberalisation of bankruptcy law 24 David Milman 4 Insolvency law and the legal feminist movement 40 Lézelle Jacobs 5 A Dworkinian approach to insolvency law 55 Catherine Brown and Colin Anderson 6 A Nietzchean approach to debt and human thought 72 John Tribe 7 A Rawlsian approach to preventive restructuring 96 Stathis Potamitis and Xenophon Paparrigopoulos PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW 8 Decision theory and insolvency law 116 John M. Wood 9 The competing goals theory and insolvency law 133 Jason Harris 10 Successor liability theory and insolvency law 153 Laura N. Coordes 11 Vulnerability theory and insolvency law 166 Jennifer L. L. Gant PART III AN OUTWARD-LOOKING STUDY OF INSOLVENCY LAW 12 Insolvency law through the lens of human rights theories 190 Eugenio Vaccari and Tara Van Ho 13 Insolvency law through the lens of company law theories 216 Jonathan Hardman 14 Insolvency law through the lens of a contract theory of restructuring 228 Stephan Madaus 15 Insolvency law through the lens of property law theories 244 Alisdair MacPherson 16 Insolvency law through the lens of psychology theories 262 Emilie Ghio 17 Concluding remarks: new ways to theorise about insolvency and rescue 281 Jennifer L. L. Gant, Emilie Ghio and John M. Wood Index 298

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Book SynopsisIn this highly topical introduction, Professor Raymond Wacks explains and evaluates the leading theories of justice that have shaped our societies and their legislative and judicial systems, and explores the extent to which fundamental notions like fairness, equality and freedom are reflected in contemporary society. By analysing some of the world’s most pressing challenges, including terrorism, corruption and migration, Justice: A Beginner’s Guide shows how these ideas are applied in practice – and how far we still have to go to achieve social justice.Trade Review‘The concept of justice is seldom given the attention it deserves in legal education. In part this is due to the large number of indigestible treatises on this subject that act as a deterrent to teachers and students. Raymond Wacks’ Beginner’s Guide seeks to remedy this by providing a clearly written and argued study of the principal debates and writers in the field. Although the emphasis is on the theory of justice, Wacks’ thoughtful illustrations of justice in practice ensures that the reader is made aware of the pivotal role played by the concept of justice in the ordering of society.’ -- John Dugard, Emeritus Professor of Law and former member of the UN International Law Commission"A wide-ranging and highly readable examination of key ideas in the evolution of thought on social justice." -- Albie Sachs – Former Justice of the Constitutional Court of South Africa

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Book SynopsisThe reign of paper files would seem to be over once files are reduced to the status of icons on computer screens, but Vismann's book, which examines the impact of the file on Western institutions throughout history, shows how the creation of order in medieval and early modern administrations makes its returns in computer architecture.Trade Review"Cornelia Vismann's extraordinary Files . . . presents a methodology for addressing the relationship between media technologies and politics that is often absent, or at least shadowy, in materialist media theory of the Kittlerian style."—Seb Franklin, The Year's Work in Critical and Cultural Theory"Vismann's erudite and attentive analysis shows clear awareness of the danger of both a perfect order (where everything is registered, recorded) and that of a deconstruction possible turning into an order of its own kind with potentially its own para-juridical legend."—Thanos Zartaloudis, Parallax"Vismann's Files is a highly original and theoretical project that combines the thinking of Derrida (on law and its enforcement) and Foucault (on juridical discourse and 'gouvernmentalité') with specific motifs of German media theory as developed by Friedrich Kittler. The book is a state-of-the-art contribution to the analysis of culture that allows us to envision a truly new interrelation between historical research and a comprehensive philosophy of culture that is yet to come." —Rüdiger Campe, Yale UniversityTable of Contents@fmct:Contents @toc4:Translator's Note iii Preface: Off the Record iii @toc2:Chapter 1: Law's Writing Lessons 000 Chapter 2: From Translating to Legislating 000 Chapter 3: From Documents to Records 000 Chapter 4: Governmental Practices 000 Chapter 5: From the Bureau to Data Protection 000 Chapter 6: Files-Icons 000 @toc4:Notes 000 Index 000

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Trade Review'Joel Feinberg is a political and social philosopher of major importance ... Virtually everyone who has written about legal and moral responsibility during the past fifteen years owes him a considerable debt.' Harvard Law ReviewTable of ContentsGeneral Introduction: The Basic Question of the Book * The Concept of Moral Legitimacy * The Idea of a Liberty-Limiting Prinviple * Commonly Proposed Liberty-Limiting Principles * Liberalism * Methodology * Primary and Derrivative Crimes * Alternatives to the Criminal Law * Skepticism: VOLUME ONE: HARM TO OTHERS I Harms as Setbacks to Interest: Meaning of "Harm" * Welfare Interests and Ulterior Interests * Interests and Wants * Harms, Hurts, and Offenses * The Manner in which Acts and Other Events Affect Interests When They Do Harm * The Concept of an Interest Network * Legally Protectable Interests *: II Puzzling Cases: Moral Harm * Other-Regarding Interests and Vicarious Harms * Death and Posthumous Harms * Surviving Interests * The Proper Subject of Surviving Interests * Doomed Interest and the Dating of Harm * A Note on Posthumous Wrongs * Birth and Prenatal Harms *: III Harming as Wronging: The Verbal Forms: To Harm and to Wrong * Harming and Injuring * Moral Indefensibility * Harming as Right-Violating * Harm and Consent: the Volenti maxim * The Concept of a Victim * The "Casual Component" in Harming *: IV Failing to Prevent Harm: East Rescue and the Bad Samaritan * The Confusion of Active Aid with Gratuitous Benefit * Lord macauley's Line-Drawing Problem * Omissions an Other Inactions * Are Legal Duties to Rescue Undue Interference with Liberty? * The Moral Significance of Causation * The Consequences of Omissions * The Exclusion of Causally Irrelevant Necessary Conditions * Summary *: V Assessing and Comparing Harms: Mediating Maxims for the Application of the Harm Principle * The Magnitude of the Harm * The Probability of the Harm * Aggregative Harms * Statistical Discrimination and the Net Reductiom of Harm * The Relative Importance of the Harm * The Interest in Liberty on the Scales * Summary of Restrictions on the Harm Principle *: VI Fairly Imputing Harms: Comparative Interests * Harm to Public Interests * Accumulative Harms * Environmental Pollution as a Public Accumulative Harm * Imitative Harms * Summary of Additional Restrictions to the Harm Principle *: Notes * Index

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Book SynopsisIn Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that thTrade Review"This superb book, written by one of the world's foremost philosophers of law, is a highly welcome addition to the jurisprudential literature, one marked by its immense pedagogical value and scholarly excellence. It provides, in clear, accessible language, an informed, sympathetic treatment of all the main issues and theories within the discipline of contemporary analytic legal philosophy. Not only will it be of immense value to the student first encountering the field, it will equally engage the interest of the seasoned scholar and advanced student keen to know Marmor's own, distinctive take on these important matters. A remarkable achievement."—W. J. Waluchow, author of A Common Law Theory of Judicial Review"This is an excellent book. The quality of argumentation is first-class, and readers will gain significant benefits from Marmor's careful, well-argued, and thorough analysis."—Brian Bix, University of MinnesotaTable of ContentsIntroduction 1 Chapter One: A Pure Theory of Law? 12 Chapter Two: Social Rules at the Foundations of Law 35 Chapter Three: Authority, Conventions, and the Normativity of Law 60 Chapter Four: Is Law Determined by Morality? 84 Chapter Five: Is Legal Philosophy Normative? 109 Chapter Six: The Language of Law 136 Bibliography 161 Index 167

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Book SynopsisThe Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law.Trade Review"Mark Murphy is the most interesting and original natural law theorist of his generation, and this wide-ranging, learned, and lucid introduction to legal philosophy will be the text of choice for any student or philosopher who wants a philosophically sophisticated survey of the major topics that, at the same time, makes clear the continuing attraction of the natural law tradition." Brian Leiter, University of Texas at Austin "Murphy executes a masterly and enlightening challenge to fashionable claims that ‘all is not well’ with the law and its philosophy. Fully accessible to general audiences, his book will also inform and engage the specialist reader." William A. Edmundson, Georgia State University "Philosophy of Law itself is a well designed book on several levels ... Murphy hooks you from the start." Stuart Hannabuss, Aberdeen Buisness School, Robert Gordon University “A concise, well balanced, and articulate discussion. The author has the capacity to present complex material with ease to its audience… A highly captivating interpretation of the philosophy of law” Internet Law Book ReviewsTable of ContentsAcknowledgments. Introduction. 0.1 Philosophy, the Familiar, and the Unfamiliar. 0.2 What Are Our Commonplaces About Law?. 0.3 The Course of Our Inquiry. For Further Reading. Chapter 1: Analytical Fundamentals: The Concept of Law. 1.1 The Question, and its Importance. 1.2 Basic Austinianism. 1.3 Positivist Lessons. 1.4 Hartian Positivism. 1.5 Interlude: Hard and Soft Positivisms. 1.6 Natural Law Theory. 1.7 Fuller’s Procedural Natural Law Theory. 1.8 Aquinas’s Substantive Natural Law Theory. 1.9 A Suggested Resolution. Appendix: Why is it Called “Natural Law Theory”?. For Further Reading. Chapter 2: Normative Fundamentals: The Basic Roles of Paradigmatic Legal Systems. 2.1 What are the Basic Roles of Paradigmatic Legal Systems?. 2.2 The Role of Subject. 2.3 The Role of Legislator. 2.4 The Role of Judge. For Further Reading. Chapter 3: The Aims of Law. 3.1 The Aims of Law and the Common Good. 3.2 The Harm-to-others Principle. 3.3 Challenges to the Harm-to-others Principle: Types of Harm. 3.4 Challenges to the Harm-to-others Principle: The Party Armed. 3.5 Morals Legislation. For Further Reading. 4 The Nature and Aims of the Criminal Law. 4.1 Types of Legal Norms. 4.2 Crime and Punishment. 4.3 Two Normative Theories of Punishment. 4.4 Justification and Excuse. For Further Reading. 5 The Nature and Aims of Tort Law. 5.1 Torts and Crimes. 5.2 Torts and Damages. 5.3 Economic and Justice Accounts of Negligence Torts. 5.4 Elements of the Negligence Tort. 5.5 Damages. 5.6 Intentional Torts and Torts of Strict Liability. For Further Reading. 6 Challenging the Law. 6.1 Putting Legal Roles to the Question. 6.2 Against the Role of Subject: Philosophical Anarchism. 6.3 Against the Role of Legislator: Marxism / Feminist Legal Theory / Critical Race Theory. 6.4 Against the Role of Judge: American Legal Realism / Critical Legal studies. For Further Reading. Index.

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Book SynopsisThe Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart''s rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

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Book SynopsisKames presents a history of law as a history of the progress of humankind from savage to civil society.

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Book SynopsisAs a central part of the regulation of contemporary economies, intellectual property (IP) is central to all aspects of our lives. It matters for the works we create, the brands we identify and the medicines we consume. But if IP is power, what kind of power is it, and what does it do? Building on the work of Michel Foucault, Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of public welfare, and as promotion of neoliberal privatization. He argues that intellectual property policy is moving toward neoliberalism, even as that move is broadly contested in everything from resistance movements to Supreme Court decisions. This work should be read by anyone interested in understanding why the struggle to conceptualize IP matters.Trade Review'Tracing the shifting logic of intellectual property over the centuries, Gordon Hull demonstrates that neoliberalism is less concerned with markets or freedom than it is with the economization of everyday life. This groundbreaking genealogy combines Foucauldian theory of biopower with a rich empirical analysis to illuminate how norms and technologies of ownership are now at stake in the shaping of our very subjectivity.' William Davies, Goldsmiths, University of London and author of The Limits of Neoliberalism'A fascinating and richly detailed examination of contested and changing conceptions of intellectual property in the context of shifting regimes of biopower. A must-read for anyone interested in biopolitics and American law.' Ladelle McWhorter, University of Richmond and author of Racism and Sexual Oppression in Anglo-AmericaTable of Contents1. Introduction; 2. Theorizing intellectual property; 3. Copyright; 4. Trademark; 5. Patents; 6. Conclusion: politics was already in the way; 7. Works Cited.

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Book SynopsisFritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction.This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good.Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.

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Book SynopsisThis book argues that classical natural law jurisprudence provides a superior answer to the questions What is law? and How should law be made? rather than those provided by legal positivism and new natural law theories.What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the new natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significTrade Review“The book is nothing short of a masterpiece. It is truly a tour de force that articulates and defends the classical understanding of natural law against detractors (and reformers) of both yesteryear and today. With this book, Brian McCall has established himself as, arguably, the leading natural law luminary in American legal academia.” —Ronald J. Colombo, Maurice A. Deane School of Law at Hofstra University“The Architecture of Law makes a masterful contribution to constructive jurisprudence in the best tradition of the ongoing encounter between reason and Christian faith. Erudite yet unpretentious, insightful yet careful, McCall’s account of human lawmaking starts at the beginning, where one should indeed start, and then gradually shows the reader exactly why law is correctly defined, pace most modern accounts, as a ‘dialectic among reason, command, and custom.’ This book offers a challenging, fascinating, but consistent journey for the reader. It is an outstanding piece of work.” —Patrick McKinley Brennan, Villanova University"Drawing on the best resources of Roman law, classical canon law, Catholic theology, perennial philosophy, and positivist, historicist, and natural law jurisprudence, Brian McCall constructs a dynamic account of law that refuses to leave anything important out. Erudite yet unpretentious, this book is the modern jurisprudential equivalent of the greatest medieval cathedrals. Offering shelter to all, it appeals to our capacity to construct law that is worthy of our better angels, while never mistaking men-as-they-happen-to-be for angels." —Patrick Brennan, John F. Scarpa Chair in Catholic Legal Studies, Villanova University“While committed opponents of traditional natural law nay not be convinced, McCall’s presentation is nonetheless extremely lucid, clear and thought-provoking for those who have become uncomfortable with the supposedly self-evident principles of modern jurisprudence—principles which deny any real connection between law and morality and nature.” —Catholic Herald“[The Architecture of Law] is worth reading. Those not immersed in the classical tradition will benefit from this introduction to some of its lesser-known themes. . . . Those who know the tradition well will find in McCall’s expression of it fresh and challenging glosses and close attention to its most vexing questions.” —Law and Liberty“Professor McCall issues a clarion call to return to classical sources, most notable Thomas Aquinas, in order to evaluate and appreciate the essential role of natural law within the whole structure of the law.” —Ecclesiastical Law Journal“. . . a bold, thoughtful, and cogent defense of classical natural law theory and its relevance for the contemporary theory and practice of law. This book deserves wide attention from legal scholars as well as theologians and historians of law.” —Journal of Law and Religion

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Book SynopsisMit seiner Allgemeine Staatslehre reiht sich Hans Kelsen in eine spezifisch deutschsprachige Tradition ein - und doch begründet er mit ihr etwas grundstürzend Neues. Denn das in der prominenten Reihe "Enzyklopädie der Rechts- und Staatswissenschaft" erschienene Werk markiert nicht nur die Auftaktschrift für den sog. Weimarer Richtungs- und Methodenstreit in der Staatsrechtslehre, die Carl Schmitt, Rudolf Smend und Hermann Heller ihrerseits zu Verfassungs- respektive Staatslehren provozieren wird. Sie stellt darüber hinaus - neun Jahre vor der 1934 publizierten Erstauflage der Reine Rechtslehre - die erste zusammenhängende Darstellung der von Kelsen begründeten und gemeinsam mit seinen Schülern ausgeformten "Reinen Rechtslehre" dar. Sie zeigt den 43jährigen Kelsen auf dem Zenit seines Wiener Wirkens und seine "Jungösterreichische Schule der Rechtstheorie" am Ende ihrer Formationsphase.Auf der Grundlage einer "durch Kants Vernunftkritik" bestimmten Methode legt Kelsen dar, dass die herkömmlich unter dem Sammelbegriff der Allgemeinen Staatslehre behandelten disparaten Fragestellungen "durchgehend Probleme der Geltung und Erzeugung einer spezifischen [Rechts-]Ordnung", sprich: Rechtsprobleme sind. Während er die Geltungsfragen, sozusagen den Staat in der Ruhelage, der (Nomo-)Statik zuschlägt, behandelt er die Erzeugungsfragen, also den Staat in der Bewegung, unter dem Aspekt der (Nomo-)Dynamik. Und während die früheren Monografien seine normativistisch-positivistische Lehre nur mittelbar, nämlich durch das Diapositiv der Dekonstruktion der tradierten Staatsrechtslehre erkennen ließen, präsentiert sie Kelsen hier erstmals als vollgültigen Gegenentwurf.

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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

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