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Book SynopsisComparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distTrade Review'Theunis Roux's The Politico-Legal Dynamics of Judicial Review develops a path-breaking theory, one which integrates legal reasoning and culture with political theories of judicial behavior. His ambitious argument offers important new insights into the dynamics of both well-studied and lesser-known legal systems.' David Landau, Mason Ladd Professor, Associate Dean for International Programs, Florida State University College of Law'Ever since the consolidation of the study of the politics of judicial review – in the mid 1990s – scores of scholars have contributed to this field, with insightful works aiming at explaining the emergence and impact of this phenomenon. In this learned, and elegantly written book, Theunis Roux takes one step ahead through the development of an attractive typology of what he calls 'judicial review regimes', a conceptual tool that he uses to analyze the politico-legal dynamics of this phenomenon, that is to say, the macrosocial processes that the adoption of judicial review sets in motion in both democratic and authoritarian societies. In a time when the optimism about the democratic and emancipatory impact of judicial review is under scrutiny – due to troubling developments in countries such as Hungary, Poland, and Chile – Roux's work represents an indispensable contribution.' Javier Couso, Universidad Diego Portales and Utrecht University'In this impressive contribution to the field of comparative constitutional studies, Theunis Roux insightfully examines the ways in which ideas about why governors are entitled to rule interact with ideas about why judges are entitled to exercise power – sometimes interlocking into stable regimes of constitutional review, and sometimes shifting incrementally or kaleidoscopically. The taxonomy Roux develops will be enormously helpful to all those interested in understanding the conditions under which liberal constitutionalism emerges and persists.' Mark Tushnet, Harvard Law School, Massachusetts'A major contribution to the burgeoning field of comparative constitutional law. Roux draws on broad theoretical constructs and practical inquiries in national legal settings to address the freighted questions of what constitutional courts are supposed to do, and how likely they are to do it successfully. The result ramps up the sophistication of the field for the benefit of all participants.' Samuel Issacharoff, New York University School of Law'In his new book, Roux beats a new path for comparative studies – integrating institutional analysis with how lawyers in different systems actually think about law, politics and judicial legitimacy. This is a book we have long been waiting for, setting out an agenda for comparative constitutionalism 2.0.' Michaela Hailbronner, University of Muenster'How do constitutional cultures evolve and change character over time? In this impressive new work, Roux explores how judicial review in democratic and authoritarian regimes both influences and is influenced by public conceptions of the law/politics relationship. The book is rich in theory, and comparative case-studies, and provides a unique framework for understanding the intersection between constitutional law and politics. It deserves a wide audience in both fields, and especially among those interested in understanding moments of constitutional change and transition worldwide.' Rosalind Dixon, University of New South Wales, SydneyTable of Contents1. Preliminaries; 2. A typographical theory of JR-regime change; 3. Australian democratic legalism: constant cultural cause or path-dependent trajectory?; 4. From democratic legalism to instrumentalism: India's constitutional cultural transformation; 5. The post-colonial adaptation of authoritarian legalism in Zimbabwe; 6. Testing the typological theory; 7. Findings and implications.

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Book SynopsisProperty, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world''s leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.Table of Contents1. The public nature of private property Lisa M. Austin; 2. Legal forms in property law theory Larissa Katz; 3. What is the right to exclude and why does it matter? James Y. Stern; 4. Using things, defining property Christopher M. Newman; 5. Is original acquisition problematic? Nicholas Sage; 6. Appropriating Lockean appropriation on behalf of equality Michael Otsuka; 7. Rights, distributed and undistributed: on the distributive justice implications of Lockean property rights, especially in land James Penner; 8. Lockean property theory in Confucian thought: property in the thought of Wang Fuzhi (1619–92) and Huang Zongxi (1610–95) Norman P. Ho; 9. Two ways of theorising 'collective ownership of the earth' Johan Olsthoorn.

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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 SynopsisThis book provides a unique insight into the way policing is performed. By embracing both organizational management issues as well as operational police business such as crime reduction and detection, firearms, disorder, organised crime and terrorism, it provides a comprehensive overview of contemporary police theory and practice.Trade Review"This is an outstanding and engaging book that should be read by anyone interested understanding and improving policing. The author's background as a career police officer and his extensive discussions with serving police officers ensure that and his conclusions are relevant to the realities of policing [...] What Stuart Kirby produces is a rich account of the complexity and diversity of the policing task and a telling account of how the service might be made better." - Nick Tilley, UCL, UK "We all want our police to be effective, but as Stuart Kirby painstakingly points out in this book, this is far easier said than done. Not only do we also want our police to be efficient with our money and fair in how they treat us all, but we cannot even all agree as to what it means for the police to be effective. Kirby debunks many myths and misconceptions about the police, astutely laying out the enormous challenges faced in policing open and free modern societies. This book is a must-read for all interested in improving policing." - Michael S. Scott, University of Wisconsin Law School, USA "In this timely and important book Stuart Kirby addresses what is now the key issue in policing: how to put into practice the large body of knowledge that has accumulated about best practice. There is much still to be discovered on the topic of effective policing, but we have many answers to essential questions about what constitutes the best strategies and performance measures. The problem is that many, perhaps most, police departments do not take a systematic and comprehensive approach to implementation. This book is therefore highly recommended as a first source for anyone interested in improving policing whether it be in crime reduction, solving crime or wider service delivery." - Tim Prenzler, Griffith University, Australia "Policing has for far too long been largely an oral culture and so Stuart Kirby's book is of itself important. That it tackles the often overlooked problem of implementation failure makes it required reading to those who care about policing. Many initiatives in policing are written off not because they are ineffective but because implementation was partial at best. To those who are serious about policing, read on." - Michael Barton, Chief Constable, Durham Constabulary, UKTable of ContentsPreface 1. 'There are Police and there are Police', Exploring the Complexity of the Police Operating Framework 2. The Fundamental Building Blocks of Police Effectiveness 3. Reducing Crime 4. Investigating Crime and Bringing Offenders to Justice 5. Policing Critical Incidents and the Use of Force 6. Investigating Serious Organised Crime and Terrorism 7. Conclusion

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Book SynopsisThrough critical analysis of key concepts and measures of the rule of law, this book shows that the choice of definitions and measures affects descriptive and explanatory findings about nomocracy. It argues a constitutionalist legacy from centuries ago explains why European civilizations display higher adherence to rule of law than other countries.Trade ReviewMoller and Skaaning offer a much-needed systematization of the voluminous research that is transforming our knowledge about the rule of law. They acknowledge diverse conceptions of the rule of law. But they push far past the usual conceptual discussion. Rigorously blending theoretical and empirical analysis, Moller and Skaaning show how our conception of the rule of law informs how we describe trends around the world and what we think explains the rule of law. A timely and insightful book that will be of value to political scientists, economists and legal scholars who seek to understand the rule of law, and to practitioners in the field of governance who seek to promote the rule of law. Gerardo Munck, School of Letters, Arts and Sciences, University of South California, USA. Over the past several decades policymakers and social scientists have come to invoke the "rule of law" with the same reverence and wonderment that we reserve for other beneficent concepts such as justice, democracy, and good governance. Yet, a cloud of ambiguity follows this concept wherever it travels. This book provides the first systematic treatment that is both conceptual and empirical. I suspect it will come to be regarded as authoritative. John Gerring, Department of Political Science, Boston University, USA The rule of law is simultaneously one of the most universally approved, and yet most imprecise concepts in the literature on political economy. The volume by Moller and Skaaning helps greatly by imposing some clarity with regard to definitions, as well as providing extremely useful discussions both of historical origins and approaches to empirical measurement of the rule of law. Francis Fukuyama, Freeman Spogli Institute of International Studies, Stanford University, USATable of Contents1. Introduction PART I: ON DEFINITIONS 2. Systematizing Thin and Thick Rule of Law Definitions 3. Diminished Subtypes of the Rule of Law PART II: ON MEASURES 4. Evaluating Extant Rule of Law Measures 5. Exploring the Interchangability of Rule of Law Measures PART III: ON PATTERNS 6. Examining the Empirical Fit of the Typological Hierarchy 7. Reassessing the Relevance of Diminished Subtypes of the Rule of Law 8. Charting Rule of Law Adherence Across Time and Space PART IV: ON CAUSES 9. Uncovering the Historical Origins of the Rule of Law 10. Explaining Cross-National Differences in Adherence to the Rule of Law 11. Conclusions

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Book SynopsisThis book presents a new reading and understanding of Islamic jurisprudence's history from its earliest period. The book uses a variety of Arabic primary sources to provide a critical assessment of the history, development, and impact of Islamic jurisprudence in the Muslim world. Trade Review"This comprehensive and deeply thoughtful study of the rise and development of what eventually came to be known as Sunni jurisprudence will be welcomed by scholars of Islam. The work is distinguished by a desire to rise above traditional biases whether eastern or western. The exhaustive critical apparatus is a welcome bibliographic guide to a most important topic and it is a pleasure to warmly recommend this fruit of many years dedicated labor to interested readers." – Todd Lawson, University of Toronto, Canada "Bsoul presented the significance of intellectual history in deciphering chronologically the development of Islamic jurisprudence. It is precisely an unbiased work of written history that describes and analyzes the legalistic nature of Islam from the Prophet's time to the dominance of juristic interpretations basing from the exigencies of changing times.... This book is highly recommended to all individuals interested in furthering their knowledge about the jurisprudential aspect of Islam and its impact to the modern world today." - Nassef Manabilang Adiong, Co-founder, International Relations and Islamic Studies Research Cohort (Co-IRIS)Table of ContentsIntroduction1. Islamic Jurisprudence during the Prophetic Era 2. Jurisprudence, Ijtih?d, and the Centers of Legal Scholarship3. The Codification Movement4. The Attachment of Legal Rulings to Underlying Principles (Ta???l) and the Derivation of Subsidiary Rulings (Tafr??): The Emergence of the Major Schools of Islamic LawConcluding Remarks

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Book SynopsisThis is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.Table of ContentsList of contents. List of abbreviations. Table of cases. List of treaties. 1. Introduction. 1.1 Purpose and topic. 1.2 The legal regime for the interpretatation of treaties as a system of rules. 1.3 Basic concepts. 1.4 Method. 1.5 Organisation of work. 1.6 Typographical conventions adhered to. 2. THE CONCEPT OF A RULE OF INTERPRETATION. 2.1 The correct meaning. 2.2 How to determine the correct meaning. 2.3 How to determine the correct meaning (cont’d). 2.4 How to determine the correct meaning (cont’d). 2.5 The concept of a first-order rule of interpretation. 2.6 The concept of a second-order rule of interpretation. 3. USING CONVENTIONAL LANGUAGE ('THE ORDINARY MEANING'). 3.1 Introduction; in particular, regarding the problem caused by social variation in language. 3.2 Regarding the problem caused by social variation in language (cont’d). 3.3 Regarding the problem caused by temporal variation in language. 3.4 Regarding the problem caused by temporal variation in language (cont’d). 3.5 Regarding the problem caused by temporal variation in language (cont’d). 3.6 Conclusions. 4. USING THE CONTEXT: THE 'TEXT' OF A TREATY. 4.1 '[T]he text'. 4.2 '[T]he text' put to use. 4.3 '[T]he text' put to use: different words and phrases shall (sometimes) be given different meanings. 4.4 '[T]he text' put to use: no logical tautologies. 4.5 Conclusions. 5. USING THE CONTEXT: the elements set out in VCLT ART. 31 § 2 (A) och (B). 5.1 The meaning of subparagraph (a): introduction. 5.2 The meaning of subparagraph (a): 'any agreement'. 5.3 The meaning of subparagraph (b). 5.4 The 'agreement' and the 'instrument' put to use. 5.5 Conclusions. 6. Using the context: the elements set out in vclt art. 31 §3. 6.1 Subparagraph (a). 6.2 Subparagraph (b): introduction. 6.3 Subparagraph (b): 'any agreement'. 6.4 Subparagraph (c): introduction. 6.5 Subparagraph (c): 'applicable'. 6.6 The elements put to use. 6.7 Conclusions. 7.Using the object and purpose. 7.1 On the meaning of 'object and purpose' in general. 7.2 '[O]bject and purpose' – one concept or two? Moreover, regarding the variation of an object and purpose over time. 7.3 Treaties with several objects and purposes. 7.4 The 'object and purpose' put to use. 7.5 The 'object and purpose' put to use (cont’d). 7.6 Conclusions. 8. Using the supplementary means of interpretation. 8.1 The meaning of 'supplementary means of interpretation'. 8.2 '[T]he preparatory work of the treaty'. 8.3 '[T]he circumstances of [the treaty’s] conclusion'. 8.4 Other supplementary means of interpretation: ratification work. 8.5 Other supplementary means of interpretation: treaties in pari materia. 8.6 Other supplementary means of interpretation: the context. 8.7 The 'supplementary means of interpretation' put to use. 8.8 Conclusions. 9 Using the supplementary means of interpretation (cont’d). 9.1 The rule of restrictive interpretation. 9.2 The principle of contra proferentem. 9.3 Exceptions shall be narrowly interpreted. 9.4 The rule of necessary implication. 9.5 Interpretation per analogiam. 9.6 Interpretation per argumentum a fortiori. 9.7 Interpretation per argumentum e contrario. 9.8 The principle of ejusdem generis. 9.9 Other claimed rules of interpretation. 10. The relationships between different means of interpretation. 10.1 The relationship between primary and supplementary means of interpretation: an introduction. 10.2 The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto. 10.3 The expression 'ambiguous or obscure'. 10.4 The expression 'leads to a result which is manifestly absurd or unreasonable'. 10.5 The expression 'leads to a result which is manifestly absurd or unreasonable' (cont’d). 10.6 The expression 'leads to a result which is manifestly absurd or unreasonable'

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Book SynopsisThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.Table of ContentsThe State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan Wrbka Part I: Theoretical Perspectives (‘Certainty of Law’) 1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 2. Legal Certainty in the Context of Multilingualism Elina Paunio 3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick 4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger Part II: Comparative Perspectives 5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka 7. Legal Certainty: A Common Law View and a Critique John Linarelli 8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch Part III: Transnational Perspectives 9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen 10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic 11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka Part IV: Applied Perspectives (‘Certainty through Law’) 12. Legal Ambiguity in Corporate Governance Charlotte Villiers 13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata

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Book SynopsisThis collection of essays takes as its starting point Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy, a seminal work on Kant’s thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein’s thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein’s ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.Trade ReviewThe book is a model of the genre: not only are all the essays exceptionally well developed, they unfold in a coherent sequence, aided by Stone’s virtuoso introduction... a superb book that goes to the heart of Ripstein’s legal theory—a theory that is itself justly at the heart of legal philosophy today. -- Nick Sage, London School of Economics and Political Science * Canadian Journal of Law & Jurisprudence *Table of ContentsOVERVIEW 1. Ripstein and His Critics Martin J Stone I. INNATE RIGHT 2. Persons and Bodies Japa Pallikkathayil 3. A Regime of Equal Private Freedom? Individual Rights and Public Law in Ripstein’s Force and Freedom Katrin Flikschuh II. FORMALITY 4. Rights and Interests in Ripstein’s Kant Andrea Sangiovanni 5. Independent People AJ Julius III. PUBLIC RIGHT 6. Why Is Willing Irrelevant to the Grounding of (Any) Obligation? Remarks on Arthur Ripstein’s Conception of Omnilateral Willing George Pavlakos 7. Ripstein on Kant on Revolution Daniel Weinstock IV. RIGHT AND ETHICS 8. Right and Ethics: Arthur Ripstein’s Force and Freedom Allen Wood 9. Kant’s Apparent Positivism Martin J Stone V. REPLY 10. Embodied Free Beings under Public Law: A Reply Arthur Ripstein

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Book SynopsisWhat does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps ‘bigger picture’ - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.Trade ReviewIf you have any interest in artificial intelligence (AI), especially if it’s coupled with a desire to learn more about how developments in AI are related to law and legal technology, then this collection of papers has been compiled just for you … As AI continues to seep into many areas of legal practice, this is an important collection of critical papers relevant not just for law libraries but for any library collection hoping to inform readers about ongoing developments in AI and society. -- F Tim Knight, Osgoode Hall Law School Library * Canadian Law Library Review *Table of Contents1. From Rule of Law to Legal Singularity Simon Deakin, University of Cambridge, UK and Christopher Markou, University of Cambridge, UK 2. Ex Machina Lex: Exploring the Limits of Legal Computability Christopher Markou, University of Cambridge, UK and Simon Deakin, University of Cambridge, UK 3. Code-driven Law: Freezing the Future and Scaling the Past Mireille Hildebrandt, Vrije Universiteit Brussel, Belgium 4. Towards a Democratic Singularity? Algorithmic Governmentality, the Eradication of Politics ? And the Possibility of Resistance John Morison, Queen’s University, Belfast, UK 5. Legal Singularity and the Reflexivity of Law Jennifer Cobbe, University of Cambridge, UK 6. Artificial Intelligence and Legal Singularity: The Thin End of the Wedge, the Thick End of the Wedge, and the Rule of Law Roger Brownsword, King’s College London, UK 7. Automated Systems and the Need for Change Sylvie Delacroix, University of Birmingham, UK 8. Punishing Artificial Intelligence: Legal Fiction or Science Fiction Ryan Abbott, University of Surrey, UK and Alex Sarch, University of Surrey, UK 9. Not a Single Singularity Lyria Bennett Moses, UNSW Sydney, Australia 10. The Law of Contested Concepts? Reflections on Copyright Law and the Legal and Technological Singularities Dilan Thampapillai, ANU College of Law, Australia 11. Capacitas Ex Machina: Are Computerised Assessments of Mental Capacity a ‘Red Line’ or Benchmark for AI? Christopher Markou, University of Cambridge, UK and Lily Hands, University of Cambridge, UK

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Book SynopsisThis book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory—or jurisprudence—explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.Trade ReviewThis book is erudite, provocative and insightful. Somek evinces complete mastery of the diverse traditions in legal philosophy as he advances a novel account of the nature of legal knowledge. His work is compelling, engaging, and without equal in contemporary legal theory. This book is a must read. * Dennis Patterson, Professor of Law and Philosophy, Rutgers University, USA *Somek’s Knowing What the Law Is is the best introduction to the philosophy of law to date. It tackles the deepest problems with a ‘jaunty irony’ which will at the same time engage newcomers and challenge the long initiated. * David Dyzenhaus, University Professor of Law and Philosophy, University of Toronto, Canada *Alexander Somek, at the height of his powers, has already enjoyed a long and distinguished career. He is, unlike most of us, altogether at home in both worlds - the Anglophone world with its myopia and the Continental European world with its vast perspectives but, all too often, with analysis that falls short of the mark. Somek brings the best of both worlds together, and this is abundantly clear in his new book. * Stanley L Paulson, Co-Director, Hans Kelsen Research Centre, Germany *In this timely work, Alexander Somek ... provides three things: an elegant introduction to the philosophy of law, a survey of its recent history, and an original contribution in his own right. This is one of the few books from which both the expert and the beginner have much to learn, and it is the place anybody new to the subject should begin. * William Ewald, Professor of Law and Philosophy, University of Pennsylvania, USA *This concise book will stand the divide between analytical and continental legal theory on its ear. With eloquence and characteristic wit Somek unearths common themes between the two traditions and unveils lines of enquiry that link Dworkin with Schmitt and American Legal Realism with Kelsen ... Like a skilled therapist, resorting to drama and role-play, Somek reminds us of the common roots of our discipline, when it cared to source legal knowledge in concrete legal problems. * George Pavlakos, Professor of Law and Philosophy, University of Glasgow, UK *Alexander Somek’s new book offers an intriguing introduction to contemporary legal theory. Lucidly written, Knowing What the Law Is reviews the main accounts of the nature of law and legal knowledge, while introducing a novel conception of law. What Somek terms the 'legal relation' usefully defines a specific normative form of social interaction that is close to morality in its commitment to equality, yet differs in its external character and structural affinity with threat and coercion. * Herlinde Pauer-Studer, Professor of Practical Philosophy, University of Vienna, Austria *Somek is not reluctant to offer his own view on controversial matters, but is never stinting in his presentation of competing views. The book should awaken the jurisprude in every budding lawyer. It manages to at once tell the uninitiated what the subject is about and convey to the initiated his own special take on it. * Leo Katz, Frank Carano Professor of Law, University of Pennsylvania, USA *[A]n enjoyable text written by a person who loves legal theory and wishes to share his passion with others, including those who are not proficient in legal theory or philosophy and who do not invest their lives in mastering it. But it is not only a treasure for the layperson. The professional legal theorist will also find here a rich and nuanced description of different legal theories and traditions as well as insights into the historical and political context in which these theories were developed. * Jurisprudence *Table of Contents1. Legal Knowledge 2. Mild and Wild Formalism 3. American Legal Realism 4. Modern Legal Positivism 5. The Demise of Modern Legal Positivism 6. Objective Spirit 7. Rupture 8. The Legal Relation

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Book SynopsisThis open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.Trade ReviewThe Making of Constitutional Democracy is a rich and sophisticated book. Its bibliographical apparatus is simply breathtaking. The depth of Sandro’s engagement with multiple areas of legal theory is remarkable … Sandro engages with constitutional theory, analytical jurisprudence, administrative law, and the philosophy of language with ease and rigor. -- Felipe Jiménez, USC Gould School of Law * American Journal of Jurisprudence *The book is a real learning experience. If you have accepted some of mainstream legal or political thinking, get ready to have several of your received ideas challenged on a sophisticated level … the book is a worthwhile addition to the literature on a number of key topics in legal theory and democratic theory. -- Barbara Levenbook * JOTWELL *Packed with interesting ideas. -- Lawrence Solum * Legal Theory Blog *[This] book ... tackles, with analytical clarity and rigour, an issue that is central to today’s jurisprudential debates: the distinction between law-creation and law-application ... Paolo Sandro puts forward a considerable series of arguments, many of them highly original (and, to my mind, conclusive), that ground the epistemological difference between these two activities and justify their division. His work constitutes, therefore, a major contribution to a fundamental issue: not just in philosophy of law, but in the theory of constitutional democracy as well. * Luigi Ferrajoli, Emeritus Professor of Philosophy of Law, University of Roma Tre, Italy *The book is excellently-sourced, always well-argued, and makes a case for a revival of philosophical interest in some fundamental truisms of legal and political theory: we can no longer assume to understand central concepts such as law-making, separation of powers, discretion, and application of law ... The book is also an exercise in transdisciplinary jurisprudence: here legal theory is in constant dialogue with the empirical findings in other areas of law and beyond. Sandro’s work is relevant, insightful and interesting. * Patricia Mindus, Professor in Practical Philosophy, Uppsala University, Sweden *Paolo Sandro ... appears to have read everything – and I do mean everything – in legal philosophy, political theory, and the philosophy of language. His book is not, however, a compendium of the views of others. It is, rather, chock full of original and innovative arguments, brought together in a spacious book of uncommon appeal. * Stanley L Paulson, Co-Director of the Hans Kelsen Forschungsstelle, University of Kiel, Germany *How does the distinction between creation and application of law bear upon the legitimacy of our constitutional democracies? Bringing the realist’s quandary about the indeterminacy of law to an examination of the conceptual and institutional features of constitutional democracy, Paolo Sandro’s unfailingly erudite yet remarkably accessible book literally has something for everyone in its answer to that question. Its wide-ranging, historically sensitive, and bridge-building analysis makes a compelling case for why a distinction upon which so many assumptions and practices of democratic constitutionalism turn demands a closer look. * Kristen Rundle, Professor of Law, University of Melbourne, Australia *Paolo Sandro ties together the role of law from its creation through its application to the ideals of constitutionalism and democracy. He systematically breaks down the role of law through a systematic approach that shows the breadth of the topic, while also expanding upon many of the elements necessary for constitutional democracy. * Democracy Paradox *Table of ContentsI. Aims and Structure of the Work 1. Law, Power, and Political Authority. On the Scope and Limitations of the Work I. Introduction II. Brief Methodological Remarks III. The Province of the Problem Determined: What is Law? IV. Politics, Political Power, Political Authority V. From Powers to Power. The Familiar Tale of the Ineluctability of the State A. And its Two-pronged Critique: Isonomia and ‘Early’ States VI. The Conditions of Existence of Political Authority: Insights from the Theory of Normative Orders 2. The Dependence of Constitutional Democracy on the Distinction between Creation and Application of Law I. Introduction II. The Contested Relationship between Law and Politics III. Law as lex and as ius: The Duality that Makes Constitutionalism Possible IV. From Constitutions to Constitutionalism: Narrowing the Focus of Constitutional Theory V. The (Proverbial) Tension between Democracy and Constitutionalism VI. Modern Constitutionalism as ‘Legal Otherness’ VII. The Two-fold Justificatory Dependence of Constitutional Democracy on the Idea of Application of Law 3. A Critical Evaluation of Moderate Legal Realism I. Introduction II. Realism vs Formalism III. Let Us be Realist about Adjudication. What do Judges Eat for Breakfast? IV. Realism and Realisms in Law: Meta-theory V. The Lowest Common Denominator of Legal Realism VI. The Two Axes of Rule-scepticism A. Radical-immanent Indeterminacy Thesis B. Radical-transcendental Indeterminacy Thesis C. Moderate-immanent Indeterminacy Thesis D. Moderate-transcendental Indeterminacy Thesis VII. The Unbearable Lightness of Moderate Scepticism 0 VIII. On the Normativity of Law, and On the Digestion of Judges 4. Towards a Unified Account of Discretion in Law I. Introduction II. HLA Hart and the Concept of Discretion. Back to the Future? III. Dworkin and the (Normative) No-Strong-Discretion Thesis IV. Discretion as a Pervasive Feature of Kelsen’s Stufenbaulehre V. Discretion as Balancing in Klatt (and Alexy) VI. The History of Discretion in the Administrative Domain VII. Administrative Discretion in Germany VIII. Discretion in the French-Italian Administrative Tradition IX. The Concept of Discretion in English Administrative Law X. Towards a Unifi ed Account of Discretion in Law A. Normative Discretion B. Interpretive Discretion XI. Conclusion 5. Law and Language and as Language. An Alternative Picture of a Multifaceted Relationship I. Introduction II. The Communicative Model of Law. A Two-way Affair? III. Beyond ‘What is Said’. Speech-act Theory and the Rise of Pragmatics in Legal Interpretation IV. First Objection: Law as Language, Law and Language(s) V. Second Objection: Speech-act vs Text-act Theory VI. Legal Texts as ‘Autonomous’ Text-acts VII. An Alternative Theory of Legal Meaning: Semantic Minimalism VIII. Prolegomena to a Theory of Legal Interpretation IX. Conclusion 6. Creation and Application of Law. An Analytical Distinction I. Introduction II. The Two Extremes: Rejecting vs Assuming the Distinction III. Kelsen on the Relativity of the Distinction between Creation and Application of Law IV. Creation of Law: Of the Typicality of Legal Rules V. The Principle of Legality as a (Semantic) Meta-norm on Law-creation and Law-application VI. Unpacking the Idea of ‘Application of Law’ VII. The Potential Asymmetry between Norm-following and Norm-application VIII. On the (Different) Normativity of Power-conferring Norms IX. Can only Officials Apply the Law? X. Form and Substance. Towards an Analytical Account of Law-application XI. Conclusion XII. PS One Final Objection: Interpretation, Interpretation, Interpretation! 7. The Separation of Powers. A Meta-theoretical Reassessment I. Introduction II. Genealogical Issues. When was the Separation of Powers ‘Invented’? III. A Twofold Meta-theoretical Ambiguity Plaguing the Discussion IV. The Justificatory Debate. Monism vs Pluralism V. Critical Approaches VI. The Separation of Powers as a Formal Theory and as a Normative Doctrine. On the Advantages of Maintaining a Strict Distinction A. The Formal Theory of the Separation or Division of Powers B. A Normative Doctrine of the Organisation of Political Power Based on the Distinction between Law-creation and Law-application VII. Conclusion

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Book SynopsisDo animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.Trade ReviewI think this is an absolutely fantastic book and will be a great resource for students. -- Russil Durrant * Victoria University of Wellington *Table of ContentsIntroduction 1. The Current Legal Status of Animals I. Introduction II. The Property Status of Animals III. Legislation Protecting Animals IV. Constitutional Law V. International Law VI. Animal Protection Laws in Practice VII. Conclusion 2. Welfarism vs Abolitionism, a Dichotomy? I. Introduction II. Classic Welfarism III. Abolitionism IV. New Welfarism V. Beyond the Dichotomy VI. Conclusion 3. Philosophical Foundations of Animal Rights I. Introduction II. Peter Singer’s Utilitarianism III. Tom Regan’s Deontological Approach IV. Martha Nussbaum’s Capabilities Approach V. Sue Donaldson and Will Kymlicka’s Political Theory VI. Critical Approaches to Animal Rights VII. Conclusion 4. The Legal Theory of Animal Rights I. Introduction II. Are Animals Fit to have Legal Rights? III. Do Animals Already have Legal Rights? IV. Would Animals Need to Become Legal Persons? V. Conclusion 5. Animal Rights and Human Rights I. Introduction II. Should Only Humans have Human Rights? III. Should Animals have Similar Rights to Humans? IV. How Could Human and Animal Rights be Reconciled Legally? V. Conclusion 6. Animal Rights in Litigation I. Introduction II. Animals and the Issue of Legal Standing to Bring an Action III. Animals as Subjects of Habeas Corpus IV. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus V. Conclusion 7. Animal Rights in Legislation I. Introduction II. Domestic Proposals for Animal Rights Laws III. International Proposals for Animal Rights Laws IV. Drafting Animal Rights Laws V. Conclusion 8. Animal Rights as a Social Justice Movement I. Introduction II. The Animal Rights Movement as Abolitionist III. Animal Rights and Connections with Other Rights Movements IV. Learning Lessons V. Conclusion Conclusion

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Book SynopsisThis book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.Table of ContentsIntroduction – Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada) Part One: Legal Theory and Its Critical Role 1. Reasoning Within and About (Legal) Practices, Brian H Bix (University of Minnesota, USA) 2. Fish Versus Dworkin: Sound and Fury, But…?, Larry Alexander (University of San Diego, USA) 3. Explaining Us to Ourselves, Jeremy Waldron (New York University, USA) 4. Law, Reason and Celestial Music, N.E. Simmonds (University of Cambridge, UK) 5. The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right, David Kenny (Trinity College Dublin, Ireland) Part Two. Interpretation and Critical Constraints 6. Reenchanting Practice: Stanley Fish and the Challenge of Virtue Ethics, Maria Cahill (University College Cork, Ireland) and Patrick O’Callaghan (University College Cork, Ireland) 7. The Law in Quest of Integrity: Interpretation, Invention and Internal Critique, T. R. S. Allan (University of Cambridge, UK) 8. The Relevance of Literary Interpretation, Barbara Baum Levenbook (North Carolina State University, USA) 9. Clash of the Titans: Hercules vs. Dennis Martinez (Reflections on the Fish-Dworkin Debate), Charles L. Barzun (University of Virginia, USA) 10. Social, Moral or Ameliorative? Understanding Constraints on Legal Interpretation, Natalie Stoljar (McGill University, Canada) Part Three: Pragmatism and Interpretive Communities 11. Revisiting the ‘Fish-Dworkin Debate’, Dennis Patterson (Rutgers University, USA) 12. Almost Naturalism: The Jurisprudence of Ronald Dworkin, Dan Priel (York University, Canada) 13. Interpreting Community: Agency, Coercion, and the Structure of Legal Practice, Nicole Roughan (University of Auckland, New Zealand) and Jesse Wall (University of Auckland, New Zealand) 14. Fish versus Dworkin: A Comparison between Two Versions of Legal Pragmatism, Thomas Bustamante (Federal University of Minas Gerais, Brazil) 15. Making it Objective. Dworkin, Inferentialism, and the CLS Critique, Thiago Lopes Decat (Federal University of Minas Gerais, Brazil) Part Four: Implications 16. Dworkin, Fish, and Radically Defective Constitutions, Sanford Levinson (University of Texas Law School, USA) 17. The Problem of Immoral Integrity, Lars Vinx (University of Cambridge, UK) 18. What Makes Law? Dworkin, Fish, and Koskenniemi on the Rule of Law, David Lefkowitz (University of Richmond, UK) 19. Is Hercules a Natural? Rethinking the Fish/Dworkin Debate, Margaret Martin (Western University, Canada) 20. Interview with Professor Stanley Fish, Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada)

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