Methods, theory and philosophy of law Books

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Book SynopsisSince the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.Table of ContentsPreface to the second edition; Preface; Table of cases; Part I. Introduction: 1. Historical and juridical background; 2. The international bill of human rights; 3. The domestic protection of human rights; 4. The right to a remedy; Part II. General Principles: 5. Interpretation; 6. Non-discrimination; 7. Limitations; 8. Derogation; Part III. The Substantive Rights: 9. The right of self-determination; 10. The right to life; 11. The right to freedom from torture; 12. The right to freedom from slavery; 13. The right to liberty; 14. The rights of prisoners; 15. The right to freedom of movement; 16. The right to a fair trial; 17. The rights of accused persons; 18. The right to recognition as a person; 19. The right to privacy; 20. The right to freedom of thought; 21. The right to freedom of expression; 22. The right to freedom of assembly; 23. The right to freedom of association; 24. The right to family life; 25. The rights of the child; 26. The right to participate in public life; 27. The right to equality; 28. The rights of minorities; 29. The rights relating to work; 30. The rights relating to social security; 31. The right to an adequate standard of living; 32. The right to health; 33. The right to education; 34. The right to cultural life; 35. The right to property.

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Book SynopsisThis volume brings together the most important writing on torture and the ''war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration''s failure to hold torturers accountable.Trade Review'David Luban has written over the past decade an extraordinarily compelling set of philosophical, legal (and simply human) reflections on what has unfortunately become a defining issue - torture. He raises crucial questions not only about the role of lawyers in legitimizing indefensible practices, but also about broader aspects of moral argument, especially the common practice of relying on 'extreme cases' and 'brainteasers' as alternatives to confronting more mundane (and horrific) realities. The book therefore promises to be important even after that happy day when torture has indeed been eliminated from the world.' Sanford Levinson, University of Texas, Austin'Of all those who have written on themes of justice and power in the aftermath of 9/11, David Luban's work is among the very best. His elegant argumentation and fluid prose effortlessly cross the boundaries between law, philosophy and political theory. Taken together, these essays provide a hugely compelling defence of fundamental rights in the face of those who have sought to weaken longstanding constitutional and moral protections. No one with an interest in society's response to torture or the broader debate on civil liberties can afford to ignore this book.' David Rodin, University of Oxford'If there is but one book to pick from the shelf dealing with the US political crisis over the use of torture, then clearly it is David Luban's. With a merciless dissection of the semantic games played by Washington lawyers and a brilliant discussion of the key questions of law and ethics at the heart of the torture debate, Luban emerges as the subject's undisputed grand master.' Scott Horton, Columbia Law School'David Luban's writing has been indispensable in the torture debates. No one has done more than he has to confront the 'ticking bomb' hypothetical. No one has engaged more deeply with our understanding of what torture is than Luban has in his essay on 'the communicative aspect of torture'. These writings represent perhaps the most serious and sensitive work that has emerged from this grim chapter in America's history.' Jeremy Waldron, New York UniversityTable of ContentsPreface; Part I. Downgrading Rights and Expanding Power During Post-9/11 Panic: 1. The war on terrorism and the end of human rights; 2. Eight fallacies about liberty and security; Part II. The Ticking Bomb as Moral Fantasy and Moral Fraud: 3. Liberalism, torture, and the ticking bomb; 4. Unthinking the ticking bomb; Part III. The Evils of Torture: 5. A communicative conception of torture; 6. Human dignity, humiliation, and torture; 7. Mental torture: a critique of erasures in US law (with Henry Shue); Part IV. Complicity in Torture: 8. The torture lawyers of Washington; 9. Tales of terror: lessons for lawyers from the war on terrorism; 10. An affair to remember.

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Book SynopsisIn recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state.Table of ContentsIntroduction Patrick Capps and Henrik Palmer Olsen; 1. The evolution of authority Alan Brudner; 2. The evolution of global authority Patrick Capps; 3. International courts and the building of legal authority beyond the state Henrik Palmer Olsen; 4. Semantic authority, legal change and the dynamics of international law Ingo Venzke; 5. Practical reason and authority beyond the state John Martin Gillroy; 6. Varieties of authority in international law – state-consent, international organisations, courts, experts and citizens Inger-Johanne Sand; 7. The legitimate authority of international courts and its limits – a challenge to Raz's service conception? Andreas Follesdal; 8. Consent, obligation, and the legitimate authority of international law Richard Collins; 9. The International Criminal Court: The New Leviathan? Margaret Martin.

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Book SynopsisPolls suggest up to twenty percent of Americans describe their beliefs as ''libertarian'', but libertarians are often derided as heartless Social Darwinists or naïve idealists. This illuminating handbook brings together scholars from a range of fields (from law to philosophy to politics to economics) and political perspectives (right, left, and center) to consider how classical liberal principles can help us understand and potentially address a variety of pressing social problems including immigration, climate change, the growth of the prison population, and a host of others. Anyone interested in political theory or practical law and politics will find this book an essential resource for understanding this major strand of American politics.Table of ContentsIntroduction; 1. The rise, fall, and renaissance of classical liberalism Ralph Raico; 2. Back the future: new classical liberalism and old social justice Jason Brennan; 3. More and better: resources defined through property and exchange Art Carden; 4. The boundaries of anti-discrimination laws David E. Bernstein; 5. Environmental protection: final frontier or Achilles heel? Jonathon H. Adler; 6. I, Pencil Leonard E. Read; Note from Editor and introduction Lawrence W. Reed; 7. Foot voting and the future of liberty Ilya Somin; 8. Classical liberal administrative law in a progressive world Michael Rappaport; 9. Political libertarianism Jacob T. Levy; 10. The bourgeois argument for freer immigration Fernando R. Tesón; 11. Rationality – what?: misconceptions of neoclassical and behavioral economics Mario J. Rizzo; 12. Property, intellectual property, and regulation James Y. Stern; 13. Classical liberalism and the problem of technological change Justin Hurwitz and Geoffrey A. Manne; 14. Classical liberalism, race and mass incarceration Aziz Huq; 15. Seven problems for classical liberals Louis Michael Seidman; 16. Meeting the fundamental objections to classical liberalism Richard A. Epstein.

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Book SynopsisIn his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people''s legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law''s coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.Table of Contents1. The idea of law-like law; 2. Argument in a legal system; 3. Practice of legality; 3.1. Instituted discourse; 3.2. Entrenched pursuit; 3.3. Self-conception; 4. Pursuit of the rule of law; 5. Aspiration and impulse; 5.1. Nomological legality; 5.2. Liberal commitment; 5.3. Failure of legality; 5.4. Dual impulse; 6. Deep duality - formal law; 6.1. Rawls' first view of law; 6.2. A contrary view; 6.3. Law-like formality: Weber; 6.4. Half-right views; 7. Deep duality - law's ideals; 7.1. A contrary view; 7.2. Law-like ideals: Dworkin; 7.3. Halves of a whole; 7.4. Rawls' second view of law; 8. Two perils for law; 8.1. Liberal law's fears; 8.2. Overcoming peril; 8.3. Deeper danger; 8.4. What follows; 9. Fear of free ideals; 9.1. Warring creeds; 9.2. Moral skepticism; 9.3. What's feared; 10. Fear of open form: 10.1. Unsure concepts; 10.2. Linguistic skepticism; 10.3. What's feared; 11. Modern liberal practice; 11.1. Practice's view of law; 11.2. Two views of disorder; 11.3. Implications of disorder; 12. Legality recapitulated.

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Book SynopsisJurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book''s central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law''s unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.Trade Review'Legal philosophers have too often ignored international law as irrelevant, or because it is an embarrassment to their theories. In his innovate new book, The Nature of International Law, Miodrag Jovanović properly brings international law back to the center of jurisprudential inquiry. As important, Jovanović offers an important challenge to, and alternative to, conceptual analysis, in his prototype theory.' Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of MinnesotaTable of ContentsAcknowledgments; Introduction; Part I. International Law as a Subject Matter of Legal Philosophy – A Brief Historical Overview: 1. Early theorizing about law beyond the state – Ancient Greece and Rome; 2. Natural law theory and the birth of international legal scholarship – Grotius, Pufendorf and Hobbes; 3. The German public law turn; 4. Classical analytical jurisprudence: the rise of skepticism towards international law; 5. Twentieth century legal positivism on international law; 6. Revived jurisprudential interest in international law; Part II. In Search of the Nature of (International) Law – Methodological Postulates: 7. Grasping 'analytical' in the analytical approach; 8. Challenges to the conceptual analysis; 9. Beyond the conceptual analysis? The prototype theory of concepts and the nature of law; Part III. Typical Features of (International) Law: 10. The central case of law (as a genre); 11. Typical features of (international) law – preliminary finding; Part IV. International Law as a Normative Order: 12. Epistemological perspective – how are we to ascertain a norm; 13. Epistemological perspective at the international level – on formal sources of international law; 14. Perspective of practical rationality – how norms provide reasons for action; 15. Perspective of practical rationality at the international level; Part V. International Law as an Institutionalized and (Coercively) Guaranteed Order: 16. Institutionalization of the international order; 17. Institutions of international law; 18. (Coercive) guarantees in international law; Part VI. Justice-Aptness of International Law: 19. Allocative conflicts and international law-making; 20. Rectificatory justice and international law-application; Part VII. Fragmentation – A Special Feature of International Law?: 21. Hart's lens of 'systematicity'; 22. The ILC's lens of 'fragmentation'; 23. The 'as if' lens of international law's unity; In lieu of a conclusion – a note on (un)certainty.

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Book SynopsisThe focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea''s study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.Table of ContentsIntroduction; 1. The concept of obligation; 2. Contemporary approaches to legal obligations: a preliminary map; 3. The social-practice account; 4. The interpretivist account; 5. The conventionalist reason account; 6. The exclusionary reason account; 7. A revisionary Kantian conception; 8. Further dimensions of the revisionary Kantian conception; 9. The robust reason account; 10. The method of presuppositional interpretation; Conclusion.

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Book SynopsisExplores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.Trade Review'The range and depth of the analysis make the book a must-read for comparative law scholars and students all over the world.' Patrícia Jerónimo, I-CONnect Blog (http://www.iconnectblog.com/)Table of ContentsIntroduction Vito Breda; 1. The legal transplants debate: getting beyond the impasse? Andrew Harding; 2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin; 3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino; 4. On the Hardingian renovation of legal transplants Benjamen Gussen; 5. The incomplete legal transplant – good faith and the common law Anthony Gray; 6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch; 7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell; 8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis; 9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad; 10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera; 11. Global norms; Local resistance: addressing impunity in Japan and beyond Sophia O'Brien; 12. Legal transplants, temporary migration projects and special rights Tiziana Torresi; 13. Conclusion Vito Breda.

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Book SynopsisIn 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state''s exclusivist claim to be law''s harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.Trade Review'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians … - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy … - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris'Jessup magisterially named a phenomenon that promises to saturate the world – the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here – transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way – dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universität zu BerlinTable of ContentsIntroduction: transnational law, with and beyond Jessup Peer Zumbansen; Part I. Transnational Law: The Public and the Private: 1. Jessup at the United Nations: international legacy, transnational possibilities Stephen Minas; 2. The concept of a global legal system Christopher A. Whytock; 3. How comity makes transnationalism work Thomas Schultz and Niccolò Ridi; Part II. Transnational Law as Regulatory Governance: 4. Aiding and abetting in theorising the increasing softification of the international normative order – a darker legacy of Jessup's transnational law? Karsten Nowrot; 5. From international law to transnational law, from transnational law to transnational legal orders Gregory Shaffer and Carlos Coye; 6. Transnational law in the Pacific Century: mapping pesticide regulation in China Francis Snyder, Zhouke Hu and Lili Ni; 7. Transnational law in context: the relevance of Jessup's analysis for the study of 'international' arbitration Florian Grisel; 8. Transnational Law and Adjudication – Domestic, International and Foreign Intersections Bryan Horrigan; 9. Transnational Law and Global Dispute Resolution Shahla Ali; 10. Conflicts of law and the challenge of transnational data flows Paul Schiff Berman; 11. What lex sportiva tells you about transnational law Antoine Duval; 12. Family law: a blindspot Ivana Isailovic; Part III. Transnational Law: The Field's Normative Stakes: 13. Locating private transnational authority in the global political economy A. Claire Cutler; 14. Transnational law as drama Jothie Rajah; 15. Transnational law as unseen law Natasha Affolder; 16. The Cri De Jessup sixty years later: transnational law's intangible objects and abstracted frameworks Larry Catá Backer; 17. The private life of transnational law: reading Jessup from the postcolony Prabhakar Singh; 18. After the backlash: a new pride for transnational law? Ralf Michaels; Part IV. Conclusion: Epilogue – difficulties for every solution: defining transnational law at the edge of transdisciplinarity Vik Kanwar.

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Book SynopsisWe are at a time when international law and the law of war are particularly important. Ever since the first nuclear bomb was tested and then used, humanity has lived with the threat of total annihilation. This book discusses the effects of nuclear war and shows a way to eliminate the risks.Table of ContentsPart I. International Law and World Order: 1. The Shimoda case: a legal appraisal of the atomic attacks upon Hiroshima and Nagasaki; 2. Nuclear policy and world order: why denuclearization; 3. Toward a legal regime for nuclear weapons; 4. Nuclear weapons, international law and the world court: a historic encounter; 5. The nuclear weapons advisory opinion and the new jurisprudence of global civil society; 6. Inhibiting reliance on biological weaponry: the role and relevance of international law; Part II. Impacts of Democracy, Neutrality and National Interest: 7. Nuclear weapons and the end of democracy; 8. Nuclear weapons and the renewal of democracy; 9. Neutrality, international law and the nuclear arms race; 10. Nuclearism and national interest – the situation of a non-nuclear ally; 11. A radical world order challenge: addressing global climate change and the threat of nuclear weapons; Part III. Nuclear Policy Initiatives: 12. Arms control, foreign policy, and global reform; 13. The illegitimacy of the non-proliferation regime; 14. No first use of nuclear weapons: pros and cons; 15. Environmental warfare and ecocide facts, appraisal, and proposals; Part IV. Remembering the Past, Encountering the Future: 16. The paucity of the millennial moment: the case of nuclearism; 17. The nuclear challenge after seventy years; 18. The spirit of Thoreau in the age of Trident.

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Book SynopsisKant''s Critique of Pure Reason, his main work of theoretical philosophy, frequently uses metaphors from law. In this first book-length study in English of Kant''s legal metaphors and their role in the first Critique, Sofie Møller shows that they are central to Kant''s account of reason. Through an analysis of the legal metaphors in their entirety, she demonstrates that Kant conceives of reason as having a structure mirroring that of a legal system in a natural right framework. Her study shows that Kant''s aim is to make cognisers become similar to authorized judges within such a system, by proving the legitimacy of the laws and the conditions under which valid judgments can be pronounced. These elements consolidate her conclusion that reason''s systematicity is legal systematicity.Trade Review'The simplest objection to Kant's Critical project – the claim that reason cannot critique itself – is one that Kant himself not only anticipated but largely answered. Moller shows how Kant's extensive legal metaphors throughout the Critique of Pure Reason form a coherent whole intended to explain the basis of reason's self-critique. She provides the best explanation yet of how Kant defended his critical project, one that also reveals Kant's deep understanding of natural law theory.' Frederick Rauscher, Michigan State University'… offers the reader a detailed and historically rich account of the legal terminology that Kant adopts or references. Møller's book is a wonderful antidote to the sense one sometimes has, even when one reads Kant in the original, that one is still reading a slightly different and distant language.' Kantian Review'Møller's book delivers on many of its central claims and should have considerable influence on those interested in Kant's legal metaphors.' Jessica Tizzard, Journal of the History of PhilosophyTable of ContentsIntroduction; I.1 The cognitive function of metaphors; I.2 Methodological considerations; I.3 The primacy of practical reason and epistemic normativity; I.4 Outline of the book; 1. The critique as the establishment of reason's lawful condition; 1.1 The critique as a review of laws; 1.2 The natural right tradition and the Naturrecht Feyerabend; 1.3 The critique as a lawful solution to conflicts; 1.4 Establishing a rightful condition; 2. The normativity of law; 2.1 Natural right and positive law; 2.2 Laws of nature in the natural sciences; 2.3 A priori laws as objectively valid rules; 2.4 Laws and principles; 2.5 The understanding as prescribing laws to nature; 3. The transcendental deduction and the tradition of legal deductions; 3.1 Quid juris and the transcendental deduction; 3.2 The analogy between concepts and property; 3.3 The transcendental deduction as a legal deduction tracing an origin; 3.4 The tradition of legal deductions; 4. The question of fact and the question of law in judicial imputation and in the transcendental deduction; 4.1 Quid facti and the tracing of an origin; 4.2 Quid facti and the metaphysical deduction; 4.3 The question of fact and the question of law in judicial imputation; 4.4 The transcendental deduction as judicial imputation; 5. The tribunal of reason; 5.1 The critique as tribunal; 5.2 The Antinomies as a legal trial; 5.3 Empirical experience as testimony; 5.4 The reader as judge of the critique; 5.5 The outcome of the critique as verdict; 6. Moral conscience as the practical inner tribunal; 6.1 Conscience as an inner tribunal; 6.2 Self-deception in moral conscience; 6.3 The problem of an erring conscience; 6.4 Parallels between moral conscience and the critique of pure reason; 7. Distinguishing between rightful claims and groundless pretensions; 7.1 Historical background on judicial authority; 7.2 Kant on judicial authority; 7.3 The judicial office in the legal metaphors; 7.4 Authority and validity of judgments and inferences; 8. Epistemic authority as both individual and collectively shared; 8.1 Decrees as the opposite of verdicts; 8.2 Cognitive attitudes; 8.3 Epistemic authority and the thinking self; 8.4 Political aspects of the critique of pure reason; 8.5 The community of cognisers; 9. Systematicity and philosophy as the legislation of reason; 9.1 Other images of systematicity: the organism and the building; 9.2 The legal metaphors as illustrations of systematicity; 9.3 Philosophy as the legislation of human reason; 9.4 Systematicity in the Appendix to the Transcendental Dialectic; 9.5 The critique as the science of the laws of pure reason; Conclusion.

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Book SynopsisThis collection of scholarly essays demonstrate the different facets of judicial review based on the vast area of comparative constitutional law. It honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India.Table of ContentsForeword Justice A. K. Sikri; Editors' note Salman Khurshid, Sidharth Luthra, Lokendra Malik and Shruti Bedi; Introduction M. P. Singh; 1. The inadequacy of judicial enforcement of constitutional rights provisions to rectify economic inequality, and the inevitability of the attempt Mark Tushnet; 2. The interplay of law and politics in India James Manor; 3. Beating the backlog: reforms in administration of justice in India Abhishek Singhvi; 4. Judicial review: perspectives and reflections for the twenty-first century John Mceldowney; 5. When 'creeping jurisdiction' goes awry: the social action litigation to ban surrogacy Sital Kalantry; 6. Judicial review and the democratic judge Joel I. Colón-Ríos; 7. Judicial review: a tool to shape constitutional jurisprudence Balram K. Gupta; 8. The Baxian bioscope on Indian judicial process Amita Dhanda; 9. Judicial activism, courts, and constitutional revolutions: the Israeli case Yaniv Roznai and Gary J. Jacobsohn; 10. Democracy, constitution, and judicial review: a critique Vijender Kumar and V. P. Tiwari; 11. A minor jurisprudence of pathos: Upendra Baxi as teacher and writer Oishik Sircar; 12. The need for reinventing the Supreme Court as a constitutional court Sidharth Luthra and Nivedita Mukhija; 13. Appointment of 'distinguished jurists' as judges in the Supreme Court of India: a critical analysis Lokendra Malik; 14. Judicial dissent and judicial review: a functional analysis Yogesh Pratap Singh; 15. The power of judicial review: judicial chutzpah or judicial desideratum Shruti Bedi; 16. Judicial review of legislations by tribunals in India: law, problems, and perspectives P. Puneeth; 17. Criminalization of membership of terrorist organizations in India and the United States of America: human rights concerns Anurag Deep; 18. Article 142 of the Indian Constitution: on the thin line between judicial activism and restraint R. Hari Krishnan and Anurag Bhaskar; 19. Sketching the limits of Article 142 of the Constitution of India: a constitutional necessity Shailendra Kumar; 20. Constitutional morality and judges of the Supreme Court Salman Khurshid; About the contributors; Index.

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Book SynopsisFor over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common human nature. From the early medieval advent of Christendom, it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to the highest good, however variously understood. Today, nature and human natures wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law overlays constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.

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Book SynopsisThis reference guide provides the reader straightforward coverage on the controversial and often complicated topic of how the U.S. Supreme Court interprets the Religion Clauses of the U.S. Constitution, which promote the free exercise of religion and prohibit the establishment of religion. The resulting court decisions affects the lives of all Americans in an amazingly wide variety of contexts in the religious and government context. This diverse range includes abortion, conscience rights, drug use, military service, and the rights of same sex couples. These issues are highly controversial and often passionately divisive. This work specifically addresses how the Supreme Court has decided these issues during the tenure of the current Chief Justice, John Roberts. In applying the Religion Clauses to a specific case, the justices often follow the philosophical principles of what the Clauses mean. This book explains these differing ideologies and their significance in Supreme Court jurisprudence on cases where the Religion Clauses have been invoked. While holding to long-established principles, American law constantly evolves to meet the challenges of the United States and as a result of reinterpretation of existing legal issues. Chief Justice John Roberts has served on the Court since 2005. The Court has significantly changed during this time, especially in recent years. As jurists change, the overall judicial perspective of the Court changes as well, giving rise to a potentially new Constitutional jurisprudence in all areas of the law. In covering constitutional jurisprudence in contemporary America, we discuss complicated topics in plain English, with minimal jargon, to make the work as accessible as possible to students and general readers. Editorial enhancements are provided to help the researcher refine or expand their research. As a reference work, this book is not offered to persuade the reader to adopt a particular opinion, but instead, seeks to be unbiased, presenting differing positions on given issues, and facilitating the reader to make informed on some of the most important issues in contemporary American society.Table of ContentsIntroduction; The Religion Clauses in the US Supreme Court, 1953 through 2005; The Religion Clauses in the Roberts Court; Conclusion: Current Issues and Future Prospects; Index.

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Book SynopsisReadings in the Philosophy of Law brings together central texts on such topics as legal reasoning, the limits of individual liberty, responsibility and punishment, and international law. The included selections provide superb coverage of both classic and contemporary views, and are edited only lightly to allow readers to grapple with arguments in their original form. Culver and Giudice's clear, accessible introductions discuss key terms, claims, issues, and points of connection and disagreement. Readings are placed within their historical and social contexts, with analogies and examples emphasizing the continuing relevance of the arguments at issue. This third edition is updated to take account of the rise of legal pluralism, debates over judicial review of constitutional rights, anti-terrorism laws, hate crime, and non-state law at both regional and global levels.Trade Review“This is an exceptionally well-organized textbook. The editors’ introductory matter is uniformly first rate. It is a collection from which a professor could build an excellent course.” — Richard Bronaugh, University of Western Ontario“A balanced and thorough introduction to philosophy of law that includes recent work in critical legal studies and feminism, and important material on international law. I strongly recommend it.” — Paul Hughes, University of Michigan, Dearborn“Readings in the Philosophy of Law is an excellent textbook. The editors carefully distill central themes of legal philosophy into manageable segments without sacrificing the level of detail that makes the subject both demanding and interesting. By structuring the material around the central questions that inform, or spring from, each debate, the authors prompt students to think critically about the material presented. In my view, the mark of a great textbook is that instructors from a range of philosophical schools will be excited to use it. I think Keith Culver and Michael Giudice have achieved this elusive goal.” — Margaret Martin, author of Judging PositivismTable of Contents Acknowledgements Preface Introduction Further ReadingsChapter 1: Natural Law Theory St. Thomas Aquinas, ""Treatise on Law,"" Questions 90-91, 94-96, Summa Theologica John Finnis, from Natural Law and Natural Rights Chapter 2: Legal Positivism John Austin, from The Province of Jurisprudence Determined H.L.A. Hart ""Positivism and the Separation of Law and Morals"" ""Law as the Union of Primary and Secondary Rules,"" The Concept of Law ""The Foundations of a Legal System,"" The Concept of Law Chapter 3: Integrity Ronald Dworkin ""The Model of Rules I,"" Taking Rights Seriously ""Integrity in Law,"" Law's Empire Chapter 4: Legal Realism Oliver Wendell Holmes, ""The Path of the Law,"" The Common Law Brian Leiter, ""Rethinking Legal Realism: Toward a Naturalized Jurisprudence"" Chapter 5: Recent Developments: Feminist Jurisprudence, Critical Race Theory, and Legal Pluralism Patricia Smith, ""Feminist Jurisprudence and the Nature of Law,"" Feminist Jurisprudence Catharine A. MacKinnon, ""Toward Feminist Jurisprudence,"" Toward a Feminist Theory of the State Richard Delgado, ""About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties"" Brian Tamanaha, ""Looking at Micronesia for Insights about the Nature of Law and Legal Thinking"" Chapter 6: Constitutional Rights, Judicial Review, and Democracy Jeremy Waldron, ""A Right-Based Critique of Constitutional Rights"" Wil Waluchow, ""Constitutions as Living Trees: An Idiot Defends"" Chapter 7: Law and Limits on Individual Liberty John Stuart Mill, from On Liberty Patrick Devlin, ""Morals and the Criminal Law,"" The Enforcement of Morals H.L.A. Hart, from Law, Liberty and Morality Ronald Dworkin, ""The Threat to Patriotism"" Chapter 8: Responsibility H.L.A. Hart, ""Postscript: Responsibility and Retribution,"" Punishment and Responsibility R.A. Duff, ""Choice, Character, and Action,"" Criminal Attempts Heidi Hurd, ""Why Liberals Should ‘Hate' Hate Crime Legislation"" Chapter 9: The Nature of International Law Hugo Grotius, ""Prolegomena,"" De Jure Belli Ac Pacis Libri Tres H.L.A. Hart, ""lnternational Law,"" The Concept of Law Martti Koskenniemi, ""The Politics of lnternational Law"" Roger Cotterrell, ""Transnational Communities and the Concept of Law""

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Book SynopsisThis is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.Trade Review“This is an excellent collection that serves as an accessible and illuminating introduction to issues in Canadian law and to puzzles about the nature of legal reasoning. The case excerpts are judiciously selected and the range of topics covered is impressive. The general introduction to the nature of legal disputes and the functioning of the court system will help those without a background in law to understand and appreciate important but unfamiliar features of the legal system.” — Colin Macleod, University of Victoria“Canadian Cases in the Philosophy of Law is an indispensable resource and guide for students, scholars, teachers of law and philosophy courses, and interested citizens. The updated fifth edition provides clear and thoughtful introductions to the main legal concepts and debates surrounding the most important Canadian legal decisions that have shaped Canadian legal and political culture and society.” — Violetta Igneski, McMaster University“The fifth edition of Canadian Cases in the Philosophy of Law provides an excellent introduction to the deepest issues in the philosophy of law. It maintains the high standard of case editing from the earlier editions, but its great improvement is the new and extremely helpful editors’ introduction that sets the cases in their proper procedural and institutional context. Philosophers and theoretically inclined lawyers alike will learn much from this excellent new edition of a long-respected text.” — Malcolm Thorburn, University of TorontoTable of Contents Introduction PART I: CONSTITUTIONAL LAW A: The Constitution Reference Re Resolution to Amend the Constitution of Canada Edwards v. Attorney-General of Canada Reference Re Manitoba Language Rights Reference Re Secession of Quebec B: The Scope and Operation of the Charter Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. R. v. Oakes Canada (Justice) v. Khadr Related Cases PART II: FUNDAMENTAL FREEDOMS R. v. Big M Drug Mart Ltd. R. v. Keegstra R. v. Butler Little Sisters Book and Art Emporium v. Canada (Minister of Justice) R. v. Sharpe Chaoulli v. Quebec (Attorney General) Related Cases PART III: EQUALITY RIGHTS Andrews v. Law Society Of British Columbia Eaton v. Brant County Board Of Education Vriend v. Alberta Law v. Canada (Minister of Employment and Immigration) Reference Re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.) Canada (Attorney General) v. Bedford Reference Re Same-Sex Marriage Related Cases PART IV: AUTONOMY AND SELF-DETERMINATION Malette v. Shulman R. v. Morgentaler Rodriguez v. Attorney-General of B.C. B. (R.) v. Children’s Aid Society of Toronto R. v. Latimer (SCA) and R. v. Latimer (SCC) Winnipeg Child And Family Services v. G. (D.F.) Starson v. Swayze Carter v. Canada (Attorney General) Related Cases PART V: PROCEDURAL JUSTICE Roncarelli v. Duplessis Re B.C. Motor Vehicle Act R. v. Carosella Suresh v. Canada (Minister of Citizenship and Immigration) and Report of the Committee Against Torture Dunsmuir v. New Brunswick R. v. J.H.S. Related CasesPART VI: RESPONSIBILITYA: Criminal Responsibility and DefenceR. v. City of Sault Ste. MarieR. v. HundalPerka v. The QueenR. v. Lavallee and R. v. MalottR. v. EwanchukR. v. JAB: Liability in Private LawCook v. LewisMarconato and Marconato v. FranklinNorberg v. WynribCrocker v. Sundance Northwest Resorts Ltd.C: PunishmentKindler v. Canada (Minister Of Justice) and United States v. BurnsR. v. ProulxSauve v. Canada (Chief Electoral Officer)Related CasesPART VII. INDIGENOUS ISSUESR. v. MachekequonabeMitchell v. MNRR. v. SparrowTsilhqot’in Nation v. British Columbia and Letter of Understanding Between the Tsilhqot’in Nation and CanadaKtunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)Related CasesPART VIII. INTERNATIONAL CASESTrail Smelter Arbitration (United States v. Canada)SS Lotus (France v. Turkey)Legality of the Threat or Use of Nuclear WeaponsAccordance with International Law of the Unilateral Declaration of Independence in Respect KosovoRelated CasesAppendix: Canadian Charter of Rights and Freedoms Glossary of Legal Terms

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Book SynopsisTheRisale-i Nur Collection is full of 'general principles,' not only related to the Islamic Jurisprudence but also to all the fields of Islam or Islamic life and Islamic branches of knowledge. Based on or specially favored with profound wisdom having its source in the Divine Wisdom or the Divine Name of the All-Wise, the Risale-i Nur Collection contains numerous principles, precepts, or maxims which are standards or brilliant criteria enabling people to think, believe, and live according to Islam, and to evaluate and judge things and events in Islam’s light. They also provide people with the essentials or basic principles on which the branches of Islamic knowledge and Islamic science are based. Thus, we have tried to collect many of these principles in this book under certain titles, and in certain parts or sections according to the fields of thought and branches of knowledge to which they have a greater relevance.

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Book SynopsisThe timeless validity of Roman law to contemporary jurists

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Book Synopsis

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Book SynopsisAmong the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional juTrade ReviewThis volume encompasses her essays on transitional justice over the course of a decade, offering insights into the development both of her thought and the field itself. As such, it is essential reading for those who seek to understand the rise to prominence, and shifting meanings, of transitional justice in contemporary human rights discourse and practice." -Chandra Lekha Sriram, Professor of International Law and International Relations, Co-Director of the Centre on Human Rights in Conflict, University of East London, Global Policy JournalTable of ContentsIntroduction ; Part I: Overview ; 1. Transitional Justice Globalized ; Part II: Roots ; 2. The Universal and the Particular in International Criminal Justice ; 3. Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal and Their Legacy) ; Part III: Narratives ; 4. Transitional Justice Genealogy ; 5. Bringing the Messiah Through the Law ; 6. Transitional Justice as Liberal Narrative ; Part IV: Conflict, Transition and the Rule of Law ; 7. The Law and Politics of Contemporary Transitional Justice ; 8. Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May, Symposium Issue on Just and Unjust Wars ; 9. Transitional Rule of Law ; 10. The Alien Tort and Global Rule of Law ; 11. Transitional Justice and the Transformation of Constitutionalism ; Epilogue ; Index

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Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

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

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

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Book SynopsisThe Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.Trade ReviewThe Anthropology of Islamic Law is a must read for students of both classical and modern Islamic law, Islamic ethics, Islamic scriptural hermeneutics, religious education in the Muslim world, and postcolonial studies concerned with the wide-ranging institutional, epistemic, and pedagogical changes wrought by the advent of colonial modernity in Muslim lands, as well as for students of religious law, ethics, and scriptural hermeneutics more generally. * Carl Sharif El Tobgui, Journal of the American Oriental Society *In a strikingly original work, Aria Nakissa brings contemporary philosophy together with deep ethnographic and textual knowledge to convey the logic and practices of traditionalist Islamic learning. Based on fieldwork in Cairo, the book provides the clearest account to date of competing Islamic approaches to Sharīʿa. * John R. Bowen, Dunbar-Van Cleve Professor in Arts & Sciences, Professor of Anthropology, Washington University in St. Louis *Professor Nakissa presents us with an erudite text. Deeply ethnographic, historically informed, and philosophically grounded, it draws the disparate strands of Islamic scholarship into a provocative synthesis. Scholars of Islam would benefit greatly from an engagement with Nakissa's arguments. * Ali Agrama, Associate Professor of Anthropology, at University of Chicago *Aria Nakissa's innovative analysis of the transmission of Sharīʿa knowledge at the venerable al-Azhar in Cairo combines a subtle ethnography of persisting academic relations based on teacher-student 'companionship' and emulation with astute readings in a wide variety of related conceptualizations in the history and present of Islamic thought. * Brinkley Messick, Professor of Anthropology and of Middle Eastern, South Asian, and African Studies, and Director of the Middle East Institute, Columbia University *Drawing deeply on both ethnographic and textual evidence, Nakissa bridges a deep methodological divide in Islamic studies. This lucidly written and persuasively argued study will engage readers across multiple disciplines. * Marion H. Katz, Professor of Middle Eastern and Islamic Studies, New York University *

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The second volume of Joel Feinberg's work, "The Moral Limits of Criminal Law", a four-volume work that addresses the question: what kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizen?

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Book SynopsisThe 4th and final volume in the series defines the philosophical basis for criminalizing so-called "victimless crimes", such as pornography and consensual sexual activity.Trade Review`It is comprehensive, systematic, argued with a rigour and scrupulousness unmatched, let alone surpassed, in any comparable study.' Times Literary Supplement`the most comprehensive and fully argued liberal treatment of the moral limits of the criminal law yet to be produced' Times Higher Education Supplement'full of detail and careful argument ... a very subtle and nuanced book ... The work is wide-ranging, and has value for those with interests in social philosophy and ethics as well as philosophers of law.' Joel J. Kupperman, University of Connecticut, Mind, Vol. 101, No. 401, Jan 1992

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Book SynopsisIn The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West''s legal discourse of `heathens'' and `infidels'', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of `savage'' and `barbarian'' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples'' rights in the United States and in other nations as well.Trade Reviewthis book can be recommended as providing a good overview of the jurisprudential status of the United States Indian tribes ... The author brings together all the important sources and events which have somehow contributed to legal thought affecting the American Indian. * Cambridge Law Journal *

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Book SynopsisIn an era when much of what passes for debate is merely moral posturing - traditional family values versus the cultural elite, free speech versus censorship - the terms `liberal'' and `politically correct'', are used with as much dismissive scorn by the right as `reactionary'' and `fascist'' are by the left.In There''s No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he takes both the left and the right equally to task. This book is essential reading for anyone with an interest in the outcome of America''s cultural wars.Trade ReviewMr Fish deflates anointed truths with joyful abandon, and he is at his best in exposing the often baleful effects wrought by mean-spirited defenders of traditional values * The New York Times Book Review *

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Book SynopsisWould you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but there are theories being seriously advanced by radical multiculturalists that force us to ask such questions. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins aTrade Review"Although I disagree with every word of this book, I found it utterly absorbing and uniquely provocative."--Laura Kalman, Professor of History, University of California, Santa Barbara "Professors Farber and Sherry have given us a sober and passionate defense of the liberal Enlightenment faith against its most serious intellectual assault in a generation. More effectively than any scholars I know, they remind us of the moral, legal, and political stakes in the current academic battles between the party of reason and party of emotionalism and subjectivity."--Jeffrey Rosen, Legal Affairs Editor, The New Republic "At a time when some on the right as well as the left are trying to turn individual liberties into swear words, these good old causes could use some help. They get it here."--Walter Olson, The Wall Street Journal "A vigorous critique of present-day radical, postmodern multiculturalism in legal academia."--David Wagner, The Washington Times

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Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *

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Book SynopsisIn this book, Paul Campos argues that the American worship of law and legality can at times become so pathological that it comes to resemble a type of legal madness, or Jurismania. Campos offers an intensely critical look at the role of law and legal reason in American society, and concludes that much of what is called the rule of law resembles a culturally sanctioned form of obsessive-compulsive behaviour.Trade ReviewJurismania provides a sharp reminder that the law cannot solve all problems, and serves up a chilling vision of a demented world in which regulation is all-pervasive and where respect for the law is lost through its misuse. It is a cautionary tale upon which we could do worse than reflect. * Roderick Munday, Justice of the Peace Volume 163 *

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Book SynopsisSamuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls'' work and is arguably Rawls'' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.Trade ReviewHighly recommended. * D.H. Rice, CHOICE *Table of ContentsPART ONE: A THEORY OF JUSTICE ; PART TWO: POLITICAL LIBERALISM ; PART THREE: THE LAW OF PEOPLES

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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

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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.

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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.

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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.

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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.

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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 *

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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

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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

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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 *

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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.

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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

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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

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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

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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 *

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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

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