Methods, theory and philosophy of law Books

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Book SynopsisIn almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualised risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. The book explores the conceptual place of risk across a number of fields of law; and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and aims to provide an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.Trade ReviewThis timely and impressive volume is the first to treat themes in modern 'liberal' legal theory with systematic reference to the recent sociological literature on risk... Ken Oliphant European Tort Law 2004 2005 ...an excellent purchase for those unfamiliar with contemporary legal perspectives on risk...clearly achieves its aim in demonstrating that legal theory has long concerned itself with risk in various forms... Antonia Layard, Lecturer in Law, Cardiff University The Yearbook of European Law, Vol. 6 April 2006Table of ContentsPart I Introduction Chapter 1 Introduction to Risks and Legal Theory Chapter 2 Four Perspectives on Risk Part II Risks in Legal Theory – Some Core Instances Chapter 3 Risks, Accidents and Insurance Chapter 4 Risks, Outcomes, and Personal Responsibility Chapter 5 Distributive Justice, Insurance and the Individual Part III – Environment, Precaution, and Sources of Change Chapter 6 Environmental Regulation, Risk, and Precaution Part IV – Conclusion Chapter 7 Reflections

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Book SynopsisIf Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Raz's position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkin's contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.Trade ReviewThe critical discussion proves to be rich and enlightening...an analytical legal theory of the type described by Dickson would be of considerable assistance to legal theorists in other disciplines. Brian Burge Hendrix Canadian Journal of Law and Jurisprudence Vol. XVI, No.2 (July 2003) Evaluation and Legal Theory explores issues that are every bit as foundational to the study of law as set theory is to the study of mathematics. Also, Dickson does it with all the virtues that have been exemplified by other efforts in the area: clarity, depth, intellectual rigor, creativity, and subtlety...this book deserves a careful reading, not only from theorists in the field, but also from other legal academicians. Kenneth Einar Himma The Law and Politics Book Review June 2001 ...a useful introduction for undergraduates to some methodological complexities that might otherwise remain beyond their ken. The volume's admirably limpid prose will win the gratitude of students, who can quite painlessly get a glimpse of the importance and profundity of methodological problems. Matthew H. Kramer Cambridge Law Journal June 2001 Dickson writes of an important topic, raises many important issues, and seems to have the best of the argument on nearly every conclusion she reaches I think it is more praise than criticism that every part of the book left me simultaneously impressed and wanting more. Brian H Bix Australian Journal of Legal Philosophy November 2003Table of ContentsWhat's the point of jurisprudence?; introducing the moral evaluation thesis; indirectly evaluative legal theory - meeting Finnis' challenge; Finnis and the moral justification thesis; the beneficial moral consequences thesis and an introduction to Dworkinian methodology; what's the point of law? Dworkinian methodology and the argument from law's function; carrying on the conversation.

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Book SynopsisLon Fuller coined the term "eunomics" for "the study of good order and workable social arrangements." The essays in this volume--representing most of the work of his mature years--are his "exercises in eunomics." They are studies of the principal forms of legal order, including contract, adjudication, mediation, legislation, and administration. In addition, the volume includes several essays on legal education and the ethics of lawyering. Fuller thought of lawyers as "architects of social structure," that is, creators and managers of the various forms of legal order. These responsibilities require close attention to problems of institutional design, in which the concern is with ends as well as means. Accordingly, Fuller believed that legal education should shift from the analysis of appellate court cases to a problem-solving orientation, attending to the conditions for "orderly, fair, and decent" governance. In a lecture on freedom published for the first time in this edition, Fuller develops the idea that the forms of legal order are the diverse vehicles by which freedom is effectively exercised in society. Lon Fuller taught contracts and jurisprudence at the Harvard Law School from 1939 to 1972, where he was Carter Professor of General Jurisprudence. His writings, such as "The Case of the Speluncean Explorers," are classics of the legal literature.Table of ContentsPart 1 Eunomics - the theory of good order and workable social arrangements: means and ends. Part 2 The principles and forms of social order: two principles of human association; the forms and limits of adjudication; mediation - its forms and functions; the implicit laws of lawmaking; the role of contract in the ordering processes of society generally; irrigation and tyranny; human interaction and the law. Part 3 Legal philosophy, legal education and the practice of law: the needs of American legal philosophy; the lawyer as an architect of social structures; on legal education; philosophy for the practising lawyer; the case against freedom; appendix.

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Book SynopsisLawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.Trade Review...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002Table of Contents1. Moral and Legal Responsibility 2. The Nature and Functions of Responsibility 3. Responsibility and Culpability 4. Responsibility and Causation 5. Responsibility and Personality 6. Grounds and Bounds of Responsibility 7. Realising Responsibility 8. Responsibility in Public Law 9. Thinking about Responsibility References Index

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Book SynopsisLawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. At the heart of this book lie two questions: what does it mean to say we are responsible? And, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.Trade Review...an impressive and comprehensive discussion of the treatment of responsibility in the law-a discussion that ranges across nearly every field of law, and across jurisdictions, supported by detailed references to cases and supplemented by knowledgeable summaries of commentary by lawyers, legal philosophers, and moral philosophers. Brian H. Bix Ethics Oct 06 Peter Cane has written an impressively wide-ranging and illuminating booka truly commendable piece of work. Cane's book deserves a large audience among legal, moral, and political philosophers. Matthew H. Kramer, Cambridge University Philosophical Review May 2005 ...it offers a notably clear and robust formulation of a social approach towards responsibility... he has plenty of interesting and illuminating insights to offer...lawyers and philosphers alike will learn a great deal from this careful dissection of topics... Jeremy Watkins Oxford Journal of Legal Studies, Vol 26, No 3 (2006), pp 593-608 This is a wide-ranging, highly sophisticated work which looks at concepts of responsibility in law across a range of areas. Alan Norrie Adelaide Law Review May 2002 'Responsibility in Law and Morality' is a challenging and valuable book. Although I have criticised Cane's account of responsibilty in this review, I do not wish to leave the reader with the impression that his book is anything but valuable and rewarding it is an illuminating study of responsibilty in law. It is my view that modern lawyers have a great deal to learn from its approach. Accordingly, apart from being essential reading for anyone interested in legal theory, the book has much to teach any lawyer with even the smallest interest in the justifications of legal liability. Allan Beever Melbourne University Law Review May 2002Table of Contents1. Moral and Legal Responsibility 2. The Nature and Functions of Responsibility 3. Responsibility and Culpability 4. Responsibility and Causation 5. Responsibility and Personality 6. Grounds and Bounds of Responsibility 7. Realising Responsibility 8. Responsibility in Public Law 9. Thinking about Responsibility References Index

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Book SynopsisThe book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].Trade Review...THE POLICY OF LAW: A LEGAL THEORETICAL FRAMEWORK, at once builds on the impressive scholarship of [Zamboni's] intellectual forebears while at the same time offering new insight into a (surprisingly) understudied area of inquiry: the relationship between politics and law...The book is accessible to the sophisticated reader and will be particularly interesting to graduate students and advanced undergraduates who are curious about the ways in which different jurisprudential paradigms can be organized around political..dimensions...In seeking to narrow the scope of inquiry to just what the dominant legal theories have to say about the relationship between law and politics, Zamboni is broadening our understanding both of those foundational theories and of the connection between law and politics itself. As such, he has performed a real intellectual service for contemporary students of legal theory, all of whom should give this book a glance. Beau Breslin Law and Politics Book Review Vol. 18 No.5 (May 2008)Table of ContentsIntroduction: ‘Not Law but Politics-Smuggled-into-Law’ 1 Law and Politics in Contemporary Legal Theory 2 Law, Politics and the Grey Box 3 Law and Policy 4 The Policy of Law: Opening and Framing the Field 5 The Policy of Law AnalysiS 6 The Policy of Law Analysis: What is the Point?

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Book SynopsisThe perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.Trade ReviewThis book is interesting, and not just because its topic in inherently interesting. Nor is it interesting solely because it brings to the forefront of our minds a pervasive and important issue often submerged in our thinking about, and doing of, law. The book - in addition and perhaps especially - is interesting because of what it presages. It provides a picture...of a jurisprudence in which the history and present of legal (and other) practices meets the history and present of legal (and other) concepts. This seems a much more stimulating vista than the sometimes arid terrain occupied by some contemporary legal philosophy. We should be grateful to Naffine, and other like-minded scholars, for striking out in this direction: Law's Meaning of Life stands as evidence of its intellectual promise. William Lucy Oxford Journal of Legal Studies 2009 Legal theorists have devoted insufficient attention to legal personhood. This is a pity because it is a meaty issue and the great strength of Ngaire Naffine's important book...is the way in which she reveals its interest by excavating and illuminating the buried moral, metaphysical and philosophical theories which influence our thinking about legal personhood. Naffine provides a very perceptive and stimulating account of the strengths and weaknesses of Rationalism, Religionism and Naturalism. Denise Meyerson Australian Journal of Legal Philosophy Volume 35, 2010 Professor Naffine's Law's Meaning of Life provides a very rich and stimulating jurisprudence of the nature of the legal person. She has brought together a wide array of sources and skilfully deploys them in showing the various ways that the law, lawyers and other have understood 'who law is for'. Her book will undoubtedly be an essential reference point in future debates on this central jurisprudential question. Steven Tudor Australian Journal of Legal Philosophy Volume 35, 2010 Law's Meaning of Life...makes an important contribution to our understanding of how law, and lawyers, exclude important human experiences. ... Naffine develops her analysis by examining an impressive range of theory as well as examples from areas such as criminal law and medical ethics. Maleiha Malik The Modern Law Review Volume 73, Issue 6, 2010 [Naffine] convincingly argues that law is not a self-contained system, but one that frequently looks beyond purely legal conventions and norms in order to construct the concept of legal personhood. Readers who are looking for a well organized discussion of the (often schizophrenic) way in which the positive law appropriates extra-legal conceptions of human nature would do well to rely upon Naffine's guidance. Mark Navin Law and Politics Book Review Vol.19, No.9, September 2009Table of Contents1. The Question: Who is Law For? Is this the Right Question? The Question Disputed Matching Law to Life: the Question Affirmed Competing Views of Human Nature and their Implications for Law The Concept of the Person and its Problematic Nature Instability of the Concept of the Legal Person Social Significance of the Concept and its Implications for Justice Law's Changing Community of Persons The Mission Finding the Legal Person 2. The Debate: Legalists v Realists The Positions The Legalists The Metaphysical Realists The Rationalists The Religionists The Naturalists Setting the Boundaries of Personhood Disciplinary Influences The Thinkers and their Creation Stories Etymology of Persons 3. Strictly Legal Persons The Person as a Purely Legal Creation Law as a Closed System The Legal Person as Legal Language Use Hart and Wittgenstein Keeping the Legal Legal 4. Loosening the Strictures The Legal Person as a Cluster Concept Division Between Persons and Property Chameleon Nature of Personality Strictly Conceived The Legalist's Person in the Courtroom Can We be Strict about Persons? Hohfeld on Legal Conceptions Real Uses of Persons 5. Moral Agents and Responsibility Creation Story The Legal and the Philosophical Person Influence of Kant Gray on Legal Persons and the Rational Will Will Theory of the Person Respect for Persons and Responsibility The Legal Subject of Criminal Law Two Criminal Legal Thinkers The Uncompromising Michael Moore John Gardner: the English Rationalist Are We Really So Rational? 6. Persons of Limited Reason Ronald Dworkin on the Patient as Author of a Life Safeguarding the Future Person: Dena Davis and the Child's Right to an Open Future Persons in Training: Mrs Gillick and the Contraceptive Advice Rationalists on Non-persons Recognising Reason Emotional Intelligence 7. The Divine Spark: the Principle of Human Sanctity The Human Rights Movement and the Revival of Belief in Human Preciousness Ronald Dworkin on Human Sanctity The Human Person and the Catholic Church John Finnis on Law's Person Implications 8. Human and Non-human Animals: the Implications of Darwin What We might have Expected after Darwin Intelligent Design and Kitzmiller v Dover Humans as Animals Dismantling the Human/Animal Divide Peter Singer and the Levelling of Humans The Cases of Baby Theresa and Baby Fae Animal Lawyers and the Elevation of Animals Steven Wise and the Intelligent Apes Gary Francione and the Abolition of Property in Animals Legal Response Cass Sunstein: Questioning the Species Divide Buttressing Humanity 9. Embodiment: Humans as Biological Beings Kant and the Body in Law Principle of Bodily Integrity Making Sense of the Legal Body: the Compromised Naturalism of Ronald Dworkin Dawkins v Dworkin Humbling Naturalism of Gray and Fernandez-Armesto Embracing our Creature Status: Moral Philosophers and Legal Feminists Jennifer Nedelsky and the Bounded Self Reconciling Agency and Animality 10. The Myths We Live By Cash Value Four Metaphysical Approaches A Fifth Approach: the Relational Person Legal Philosophies as Acts of Faith and Incommensurable World Views Distinctive Nature of the Legal Enterprise Why Law is Still Flexible Should Personality be Severed from Human Beings? Implications for Justice The Myths We Live By

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Book SynopsisThis book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.Trade Review... the ideal entrance point into the famous debate between H.L.A. Hart and L. Fuller. The aim of Cane's edited collection is twofold: the chapters grapple with the debate on its own terms, while extracting lessons for the modern world. The book is remarkably successful at both tasks This book promises to be a source of questions for the curious minds of all philosophical persuasions. Margaret Martin Ethics July 2012Table of Contents1. Out of the 'Witches' Cauldron'? Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate Nicola Lacey 2. Human Rights and the Rule of Law After Conflict Hilary Charlesworth 3. The Hart-Fuller Debate's Silence on Human Rights Karen Knop 4. International Criminal Law and the Inner Morality of Law Larry May 5. On Visibility and Secrecy in International Criminal Law Christopher Kutz 6. The Hart-Fuller Debate, Transitional Societies and the Rule of Law Martin Krygier 7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's Jeremy Waldron 8. The Politics of Defining Law Margaret Davies 9. Law as a Means Leslie Green 10. Comment on 'Law as a Means' Anthony J Sebok 11. Two Turns of the Screw Desmond Manderson 12. The Common Discourse of Hart and Fuller Ngaire Naffine 13. How Norms Become Normative Philip Pettit 14. Resentment, Excuse and Norms Richard H McAdams 15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning Gerald J Postema 16. Legal Reasoning, the Rule of Law and Legal Theory Brian H Bix

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Book SynopsisA novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.Table of ContentsIntroduction. Interpretation and Hard Cases. The Scope and Limits of Judicial Law-Making. The Forms of Judge-Made Law in Russia. The Problem of Uniform Judicial Interpretation in Matters Legal. Social and Political Issues in Courts. Conclusion

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Book SynopsisThis book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.Trade ReviewThe body of the book is a careful excavation (not untypical of a good PhD thesis which is where this book began) of the interaction and relationship of jus in bello and jus ad bellum. The complexity of the task should not be under-estimated, nor its political significance...For international lawyers concerned with the application of international humanitarian law this book will be indispensable... -- Wade Mansell * Law and Politics Book Review, Vol. 23 No. 10, *... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese) -- Professor Kyo Arai * Journal of International Law and Diplomacy *...a unique contribution to the literature of contemporary international law. A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students. Translated from the original Spanish -- Professor Juan Carlos Sainz-Borgo * Anuario Mexicano de Derecho Internacional, Volume XIII *Une variété de liens entre les deux branches du droit ressort de cette étude, menée à partir d'un matériau très vaste relatif à la pratique des États et des organisations internationales, à la jurisprudence internationale et à de nombreux travaux doctrinaux. À travers une analyse claire et rigoureuse qui le conduit – à juste titre – à soulever plus de questions qu'il n'apporte de réponses, l'auteur démontre ainsi que les principes réglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'éviter les conflits entre ces branches du droit et de limiter les lacunes dans la réglementation internationale de l'emploi de la force. loin de se limiter à un travail théorique, cette étude fouillée est destinée aussi bien aux universitaires qu'aux praticiens… -- Sarah Cassella * Annuaire Français de Droit International *Table of Contents1. Introduction 2. Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello 3. Distinction and Relationship between the Law of Self-defence and IHL 4. Distinction and Relationship between Chapter VII Measures and IHL 5. Particular Problems in Non-international Armed Conflict 6. Conclusions Bibliography

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Book SynopsisMore than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.Trade ReviewA fine tour through Hart's ideas. -- Alex Wade * The Times Dec 2013 *...a sophisticated and focused critical exploration of Hart’s legal theory. . . [T]hese critical reflections also provide valuable recapitulations and extensions of some of the main lines of debate within contemporary general jurisprudence” “[T]here is much . . . that any student of moral, political or legal philosophy should read. -- Stefan Sciaraffa * Jurisprudence *Table of ContentsHart's Readers Luís Duarte d'Almeida, James Edwards and Andrea Dolcetti I. READING THE CONCEPT OF LAW The Generality of Law Timothy Endicott Variety or Uniformity? Richard HS Tur Hart on Sovereignty Pavlos Eleftheriadis Why Law Might Emerge: Hart's Problematic Fable John Gardner The Rule of Recognition and the Foundations of a Legal System Grant Lamond Words and Obligations Nicos Stavropoulos Hart on Justice and Morality John Tasioulas The Morality in Law Leslie Green International Law: 'A Relatively Small and Unimportant' Part of Jurisprudence? Jeremy Waldron II.HART'S 'PERSISTENT QUESTIONS' How Persistent are Hart's 'Persistent Questions'? John Finnis Hart's Anti-Essentialism Frederick Schauer The Model of Ordinary Analysis Pierluigi Chiassoni Do the 'Persistent Questions' Persist?: Revisiting Chapter I in The Concept of Law Nicola Lacey III. AN INTERVIEW WITH HLA HART Introductory Note Juan Ramón de Páramo Answers to Eight Questions HLA Hart

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Book SynopsisThere is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.Table of ContentsIntroduction Reza Banakar and Max Travers Section 1: Classical Sociology of Law Introduction by Reza Banakar and Max Travers 1 The Problematisation of Law in Classical Social Theory Alan Hunt 2 Sociological Jurisprudence A Javier Trevino Section 2: Systems Theory Introduction by Reza Banakar and Max Travers 3 The Radical Sociology of Niklas Luhmann Michael King 4 The Legal Theory of Jürgen Habermas: Between the Philosophy and the Sociology of Law Mathieu Defl em Section 3: Critical Approaches Introduction by Reza Banakar and Max Travers 5 Marxism and the Social Theory of Law Robert Fine 6 Pierre Bourdieu's Sociology of Law: From the Genesis of the State to the Globalisation of Law Mikael Rask Madsen and Yves Dezalay 7 Feminist Legal Theory Harriet Samuels 8 Critical Race Theory Angela P Harris Section 4: Law in Action Introduction by Reza Banakar and Max Travers 9 Interpretive Sociologists and Law Max Travers 10 Bruno Latour's Legal Anthropology Frédéric Audren and Cédric Moreau de Bellaing 11 New Legal Realism and the Empirical Turn in Law Stewart Macaulay and Elizabeth Mertz Section 5: Postmodernism Introduction by Reza Banakar and Max Travers 12 Foucault and Law Gary Wickham 13 Law and Postmodernism Shaun McVeigh 14 Postcolonial Theories of Law Eve Darian-Smith Section 6: Law in a Global Society Introduction by Reza Banakar and Max Travers 15 Reviewing Legal Pluralism Anne Griffiths 16 Globalisation and Law: Law Beyond the State Ralf Michaels 17 Law and Regulation in Late Modernity Reza Banakar 18 Studies of the Legal Profession Ole Hammerslev 19 Comparative Sociology of Law David Nelken

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Book SynopsisLegal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.Table of ContentsI. Introduction 1. Objectivity in Law and Jurisprudence Mark Van Hoecke II. Objectivity of Legal Theory 2. Can Legal Theory Be Objective? Jaap Hage 3. The Impossibility of an Outsider's Perspective Pauline C Westerman III. Legal Reasoning 4. Objective Legal Reasoning—Objectivity Without Objects Matti Ilmari Niemi 5. Legal Certainty as an Element of Objectivity in Law Juha Raitio 6. Objective Rules of Argumentation Bertjan Wolthuis 7. Easy Cases and Objective Interpretation Niko Soininen IV. Human Behaviour and its Objective Foundation 8. Can Inalienable Rights Provide an Objective Foundation for Law and Morality? Maija Aalto-Heinilä 9. Objectivity and the Law's Assumptions about Human Behaviour Péter Cserne V. (Legal) Cultures 10. Kaleidoscopic Cultural Views and Legal Theory—Dethroning the Objectivity? Jaakko Husa 11. Translators and Legal Comparatists as Objective Mediators between Cultures? Caroline Laske 12. Legal Science Challenged by Cultural Paradigms: 'Subjective Objectivity' in Legal Scholarship Mustapha El Karouni

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Book SynopsisLon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.Trade ReviewThere is much of interest in this book for any legal philosopher. It is good to see the various elements of Fuller's work brought together as a larger interconnected project; and the interweaving of published and unpublished materials is a useful aid to deeper appreciation and understanding. -- T.R.S. Allan * The Cambridge Law Journal Volume 72, No. 3 *Rundle has written a beautiful book about the 'jurisprudence' of Fuller. This was to be expected for those who were already familiar with her work. (Translated from the original Dutch) -- Thomas Mertens * Netherlands Journal of Legal Philosophy Volume 1 *...a highly informative and thought-provoking book, rich in detail, sensitivity and rigour. It succeeds admirably in its aim to re-orientate our understandings of Fuller's thinking, and leaves the reader with the desire to revisit and reflect anew on his central concerns. -- Sean Coyle * Jotwell: The Journal of Things We Like (Lots) *In her thoughtful and elegantly written book Forms Liberate, Kristen Rundle offers a host of valuable insights into Lon L Fuller's theory of law and its place within modern jurisprudential thought. -- Noam Gur * Jurisprudence (Review Symposium), Volume 5, Issue 1 *In a rigorous, beautifully written and carefully designed monograph, Rundle draws on both Fuller's published works and archival material to reconstruct a number of Fuller's theses whose interest lies not just in their historical significance but also, and indeed primarily, in the role they can play in the contemporary debate in the philosophy of law. -- Stefano Bertea * Jurisprudence (Review Symposium), Volume 5, Issue 1 *Rundle successfully reclaims Fuller from the distorted picture that arose in the wake of the Hart-Fuller debate and argues for taking the form of law seriously. -- Wibren van der Burg * University of Toronto Law Journal, Volume 64, Issue 5 *Table of Contents1 Reclaiming Fuller I Form and Agency II What is Being 'Reclaimed'? III About the Book: Method, Material and Structure IV Outline of the Chapters 2 Before the Debate I The Early Fuller: Positivism and Natural Law at Mid-century II Eunomics: A 'Science or Theory of Good Order and Workable Social Arrangements' III Navigating the Labels IV Conclusion 3 The 1958 Debate I Mapping the Debate II Reclaiming Fuller through the Nazi Law Debate III Fuller and Legal Validity IV Conclusion 4 The Morality of Law I Mapping The Morality of Law II Hart's Review of The Morality of Law III A Different Path? IV Conclusion 5 The Reply to Critics I Mapping the 'Reply to Critics' II Generality, Efficacy and Agency: Insights from the Archive III Reflections on the 'Reply to Critics' IV Conclusion 6 Resituating Fuller I: Raz I Fuller and Raz II Raz on the Rule of Law III Raz on Authority IV Conclusion: Form, Agency and Authority 7 Resituating Fuller II: Dworkin I Fuller and Dworkin II The 1965 Essays III Dworkin's Project IV Fuller, Dworkin and Interpretation V Fuller, Dworkin and Methodology VI Fuller, Dworkin and the Value of Legality VII Conclusion: Taking Form Seriously 8 Three Conversations I Morality II Instrumentalism III Legality Fuller and Shapiro: A New Conversation? IV Conclusion

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Book SynopsisThis book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.Trade Review...the more striking and radical achievement of Hannah Arendt and the Law is its success as a representational text that gathers together Arendt's insights about law for close reading and which, in carrying out this task, reverses her question about the role of law in politics. ...the more remarkable and unintended effect of the essays is to welcome Arendt into the fold of legal studies and not the reverse accomplishment that would have been to admit disciplinary differences while accepting that she sometimes relates to law by commenting on it. That is, these texts innovate not simply by extending the secondary literature about Arendt but by using Arendt in order to reorientate and extend legal theory, particularly where such theory looks to understand the political consequences of law. -- Deborah Whitehall * Modern Law Review Volume 76, Number 4 *The question of a stable, permanent and free order became the very question at the heart of Arendt' s political thinking and it is (...) thanks to Marco Goldoni's and Christopher McCorkindale's volume that this perspective is brought back into the academic debate. -- Christian Volk * International Journal of Constitutional Law Volume 11, Number 1 *[This book] comprises many worthwhile contributions and benefits from the diverse academic backgrounds of the authors. One special treat are the comparisons and correlations drawn between Arendt and other scholars, both contemporaries and successors. In summary, the volume not only provides for an entertaining reading but also enables us to learn much more than Arendt's legal thought. -- Dana Schmalz * Verfassung und Recht in Übersee Volume 1 *...an important addition both to the growing literature on Arendt and to socio-legal scholarship more generally. -- Alison Christou * Griffith Law Review, Volume 22, Number 1 *This volume as one of the first to bring together many of her ideas on law in one volume is a timely contribution to Arendtian scholarship and provides material for those interested mainly in Arendt as well as for those mainly interested in law and legal theory… It could be particularly useful to introduce students to the work of Hannah Arendt. -- Karin van Marle * Feminist Legal Studies *Table of ContentsForeword Richard J Bernstein Introduction Marco Goldoni and Chris McCorkindale PART I: BETWEEN NOMOS AND LEX: THE CONCEPT OF LAW IN HANNAH ARENDT'S POLITICAL THOUGHT 1. Law beyond Command? An Evaluation of Arendt's Understanding of Law Keith Breen 2. Between Freedom and Law: Hannah Arendt on the Promise of Modern Revolution and the Burden of 'The Tradition' Michael A Wilkinson 3. Law and the Space of Appearance in Arendt's Thought Johan van der Walt 4. A Lawless Legacy: Hannah Arendt and Giorgio Agamben Vivian Liska PART II: ON CONSTITUTIONALISM AND INSTITUTIONS 5. Arendt's Constitutional Question Emilios Christodoulidis and Andrew Schaap 6. The Role of the Supreme Court in Arendt's Political Constitution Marco Goldoni and Chris McCorkindale 7. A Constitutional Niche for Civil Disobedience? Reflections on Arendt William Smith 8. The Search for a New Beginning: Hannah Arendt and Karl Jaspers as Critics of West German Parliamentarism Kari Palonen PART III: BEYOND THE NATION STATE: HANNAH ARENDT AND INTERNATIONAL LAW A. Public International Law 9. Facing the Abyss: International Law Before the Political Florian Hoffmann 10. International Law and Human Plurality in the Shadow of Totalitarianism: Hannah Arendt and Raphael Lemkin Seyla Benhabib 11. Power and the Rule of Law in Arendt's Thought Hauke Brunkhorst 12. Hannah Arendt and the Languages of Global Governance Jan Klabbers B. International Criminal Law 13. 'How Dangerous it Can Be to Be Innocent': War and the Law in the Thought of Hannah Arendt Patricia Owens 14. Hannah Arendt's Judgement of Bureaucracy Leora Bilsky 15. Arendt in Jerusalem, Demjanjuk in Munich Lawrence Douglas PART IV: THE RIGHT TO HAVE RIGHTS 16. Between Politics and Law: Hannah Arendt and the Subject of Rights Charles Barbour 17. Citizens and Persons: Legal Status and Human Rights in Hannah Arendt James Bohman 18. The Right to Have Rights: From Human Rights to Citizens' Rights and Back Samantha Besson

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Book SynopsisLawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.Trade Review[Vagueness in law has been] a focal point of jurisprudence for six decades, and Asgeirsson’s The Nature and Value of Vagueness in Law is an important contribution to this field … the book really does make a lot of progress, on an awful lot of issues. Plus, it’s refreshingly precise. Nary an argument goes by without the premises being explicitly identified. -- Daniel Wodak, University of Pennsylvania * Ethics *There is much of interest here for philosophers of language and law on the nuance of linguistic sources of vagueness and how to resolve them. -- Joshua Pike * Law and Philosophy *Table of Contents1. Authority, Communication and Legal Content I. The Communicative-Content Theory of Law and Its (Recent) Critics II. The Pro Tanto View about Legal Content III. Authority, Communication and Legal Content 2. On the Instrumental Value of Vagueness in the Law I. Incommensurate Multidimensionality, Extravagant Vagueness and Endicott’s Argument from Instrumental Necessity II. Incommensurate Multidimensionality is Doing the Real Work III. The Impossibility of Specification IV. Are Incommensurate Multidimensionality and – Hence – Vagueness Really Necessary? V. Waldron’s Argument from Facilitation VI. Possible Reply: Vagueness Really is a Means to the Relevant Ends VII. Another Possible Reply: The Logic of Value Validates Closure under Necessary Consequence 3. Vagueness and Power Delegation in Law I. Sorensen’s View II. The Value of Vagueness III. Summary 4. Vagueness, Uncertainty and Behaviour I. Endicott’s Argument from Comparative Value II. Hadfield on the Value of Vagueness-related Uncertainty III. Sorensen on Vagueness-related Uncertainty and Legal Unpredictability 5. On the Possibility of Non-literal Legislative Speech I. The Conditions for Non-literal Speech and the Legislative Context II. Revising the Argument: Restrict, Reconstruct, or Both? III. Testing the Argument against Experience: Ekins’s Argument from Examples IV. Indeterminacy about Utterance Content 6. Textualism, Content and Interpretation I. Textualism and Legislative Intentions II. Textualism, Communicative Content and Legal Content III. Textualism/Originalism and Contextual Enrichment IV. On the Plausibility of Conception Textualism V. Contemporary Textualism and the Problem of Legislative Context VI. Textualism and Legal Interpretation 7. Resolving Cases of Vagueness I. Expressly Offered Rationale and the Notion of Commitment II. Institutional Remedies to Non-co-operation III. Is Expression Required? IV. Commitment and Counterfactuals V. Legislative Rationale and Levels of Abstraction VI. Authority, Legislative Bargaining and Maximising Fidelity to Law VII. Expressly Acknowledged Compromise vs Tacitly Acknowledged Compromise VIII. Conclusion 8. Legal Practice and Theories of Vagueness I. Explaining the Value of Vagueness in the Law II. A Closer Look at Soames’s Argument III. Generalising the Argument: Other Cautionary Tales

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Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

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Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002 In sum, this is a book overflowing with ideas and insights, and written in a style which avoids obscure formulations but never the important questions. If in the end, the wide audience that the book deserves is left wanting more, this is not a mark of failure but rather a tribute to the rich suggestiveness and novelty of the author's approach to a very old subject. Neil Walker, EUI, Florence Public Law February 2003 Martin Loughlin's topic is the relationship between politics and justice - between sword and scales. It's as thorough an examination as any lawyer might ever need to read But this is no dusty tome. Loughlin considers contemporary issues that lie at the interface of politics and law He produces points of real relevance. Four years on from its first publication, with Saddam Hussein in jail and our senior judges getting Bolshie, Loughlin's book is now more important than when it was written. Non-lawyers should read it too. Austin Mitchell Tribune June 2004 He conducts as thorough an examination as any lawyer might ever need to readthis is no dull and dusty tome...He produces points of searing relevanceLoughlin's book is even more important than when written. Solicitors' Journal November 2004Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

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Book SynopsisThis book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.Trade Review“Maria Gigliola di Renzo Villata has masterfully edited an impressive work … . this volume aims to attract a wide audience, which it will surely succeed in doing. … This collection of chapters is clearly a marked improvement on our understanding … . Overall, Succession Law, Practice and Society in Europe across the Centuries is a thoughtful and well-argued collection that has much to offer and will no doubt become essential reading for anyone interested in succession law.” (Matthew J. Cleary, American Journal of Legal History, Vol. 61 (3), September, 2021)Table of ContentsIntroduction.- Ch 1: The Right of Troncalidad in Castillian Inheritance in the High Middle Ages.- Ch 2: Family Succession Wars: Succession Norms and Practices in Medieval and Modern Catalonia .- Ch 3: Actiones Hereditariae – Claims in Favour of, and Against Heirs in Medieval Ius Commune.- Ch 4: The Ius Decretalium and the Development of the Law of Succession in Medieval Europe – Some Examples from Denmark and Sweden (XII–XII c.).- Ch 5: Testamentary Freedom in Law and Practice in Medieval Sweden: Conflicts and Coexistence.- Ch 6: The Evolution of the Scots Law and Practice of Succession: 1300–2000.- Ch 7: Women’s Succession from the Middle Ages to the Modern Era.- Ch 8: A Coffer for the Will.- Ch 9: Materia est valde periculosa: Interpreting Testaments in Quattrocento Florence.- Ch 10: Disinheritance of Children for Lack of Parental Consent to the Marriage in the Ius Commune and Early Modern Scholastic Traditions.- Ch 11: Quidquid ex Testamento Petunt Scriptum Heredem Convenire Debent – Initial Comments on the Inheritance Transactio from the Ius Commune to the Early Modern Period.- Ch 12: Between Practice and Theory: Succession Law According to Jacques Cujas (1522–1590) .- Ch 13: A Difficult Legacy – Initial Comments on the Inheritance Rights of Filii Clericorum in the Middle Ages and Early Modern Period.- Ch 14: Consilia and Dynastic Successions in Modern Europe.- Ch 15: Gift Mortis Causa in the Ius Commune: Contract and Last Will.- Ch 16: Towards a Ius Commune Europaeum on Successions and Testament? The 17th Century Decisiones Rotae Romanae.- Ch 17: Intestate Succession Between Doctrine and Roman Rota Case Law in the Sixteenth and Seventeenth Centuries.- Ch 18: Royal Successions – A Special Law for the Inheritance of Power?.- Ch 19: The Difficult Road to Harmonization of French Succession Law.- Ch 20: Notes on the Bonae Fidei Possessio pro Herede in the Civil Law Systems (19th–20th Centuries).

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Book SynopsisWhat is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.Table of ContentsChapter 1: IntroductionChapter 2: Rights ModellingChapters 3: Rights CorrelativityChapter 4: Rights Exercise and EnforcementChapter 5: The Theories of Rights DebateChapter 6: The Case Against the TheoriesChapter 7: Legal Rights EnforcementChapter 8: Imperfect Legal RightsChapter 9: Claims and Invocations of RightChapter 10: The Conceptual Contingency of Perimeters of Support

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Book SynopsisThis volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.Table of Contents- Part I Vindicatory Justice: Conceptual Analyses and Forerunners. - Introduction. - Hans Kelsen’s Philosophy of Revenge. - Revenge, Violence and the Civilizing Narrative. - On Revenge and Punishment. - “To Restore” Versus “To Vindicate”. - Antonio Pigliaru. - ‘Une Question De Droit’. - Part II Mapping Vindicatory Justice. - Vindicatory Justice in Madagascar. - Vindicatory Persistence in Barbagia. - Vindicatory Justice and the Colonial Encounter. - Law, Ethics and Religion. - The Vindicatory Roots of Civil Sanctions. - From the Duty to Redeem the Spilled Blood to the Duty to Redeem Themselves (Repentance). - History and Memory Before the Court. - Defenselessness, Offense and Counter-Offense in Legal Disputes Between Employers and Female Domestic Workers. - A Vindication of the Rights of Women. Equal Participation in Rituals in a Festival Context.

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Book SynopsisIntroduction Reassessing Feminst Legal Theories.- Feminist Legal Theory Beyond Neutrality.- Sexual Abuse, Sexy Dressing and the Erotization of Domination.- Gender Justice: Reassessing Theories of Justice from Feminist Perspectives.- Human Dignity in Feminist Vocabulary.- What Did Gender Do for Women? Considering the Potential of Gender as a Legal Concept.- Gender-Based Violence: A Conceptual Analysis.- Trans* Citizenship: A Feminist Socio-Legal Analysis of Theories and Practices.- Reassessing the Notion of Vulnerability: The Feminist Debate.- Should the Reasonableness Standard be Genderized'? Some Reflections from the Perspective of Personalism.- Individual and Collective Harm in Sex Discrimination.

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Book SynopsisIntroduction.- Part I Epistemological axis of the Communicational Theory of Law.- Epistemological analysis and Communicational Theory of Law.- Legal communication as a Semiosphere. The dialogue between authoring, authorship and legal authorities from the perspective of the Communicational Theory of Law.- Ambital and extra-ambital justice in the Communicational Theory of Law. A look from the spanish judicial ethics.- When claims for justice become rhetorical statements. A comparative analysis between Alasdair macintyre’s philosophical proposal and Gregorio Robles’ Communicational Theory of Law.- Part II Language, hermeneutics and Law.- Hermeneutics and the words of law (Law as Communicative Action).- Legal Hermeneutics and Discourse in the Judicial Interpretation.- Theoretic-pragmatic principles for a “rhetoric of agreement”: the concordant function of theoretical art.- Communicational Theory of Law and Text: An analysis from José Ortega y Gasset Theory.- Part III Applied Communicational Theory of Law.- The principle of Human Dignity: empty concept or linguistic expression of an objective reality?.- Can motherhood be promised? Immoral promises, surrogate gestation, and law as a performative act in Reinach’s work.- Semantic and Rhetoric regarding the understanding of the Constitution.- Shariah through the Lens of Communicational Theory of Law: Is it a Legal Order?.- What does it mean to be transparent? Semiotic analysis of the semantic and pragmatic implications of the term "transparency".- PART IV Law, Communication and AI.- AI and Communicational theory of law.- Technological singularity and personal identity. Reflections for an ethical-legal debate.- Law and communication in the age of Metaverse.- New instruments to think and decide. The last word in the “algo-cratic” era and human leadership in the “algor-ethical” context: what Law?.

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Book SynopsisIntroduction.- The Law Sanctions – Revisiting an Apparently Auto-Antonymous Concept.- On Coercion and the (Functions of) Law.- Sanctions as an Essential Element in the Legal System, and Kelsen’s Concept of Sanction and Coercion.- Normativity of Sanctions.- Justice and Force.- A multidimensional view on sanctions.- "Force, Coercion, and the Law: A Philosophical Framework".- Practical Authority as Telling People What to Do.- Law Beyond Coercion? Positive Sanctions: Normative and Expressive Functions to Guide Behaviour.

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Book SynopsisIntroduction.- The Injustice of Inequalities in Wealth and Income.- On Various Injustices in the United States Tax Code, and How They Eviscerate the Bases of Citizen Self-Respect.- "Chance, Greed, and Fear: Why We Need the Value of Fraternity to Register Distributive Injustices".- Structural Injustices and the Harms of the Food System.- Advancing an Unjust Neutrality: Christian Nationalism as a Majority Right.- The Democratic Principle and the Tyranny of the Majority.- Religious Liberty, Public Accommodations, and Non-discrimination: A Rapidly Emerging Injustice.- "Ethical Vigilantism and Natural Justice: Outline for a Theory of International Criminal Law".- No Right to Be Forgiven.- Generative AI and deepfakes: challenges to epistemic justice and comprehensive regulations.

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Book Synopsis1. Introduction.- 2. Fleck’s Theory in Context.- 3. Chapter 3: Fleck’s Thought – Internal Positioning.- 4. Chapter 4: A Fleckian Framework for the Study of Cultural Change.- 5. Methodology and Supplementation.- 6.The Emergence of Philosophy as a Cultural Practice in Ancient Greece.- 7. The Transmission of Philosophy – the Socratic caesura.- 8. Hegelian Bildung as a development of paideia.- 9. The Rise of the Philosophical Faculty in the German University.- 10. Philosophy, Censorship, and the Public Sphere.- 11. Conclusions.

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Book Synopsis1. Introduction.- Part A Methodology for Legal Research.- 2. The Importance of Making Assumptions.- 3. A Reduction of the Law to Its Components.- 4. The Right Way to Use Reasoning by Analogy.- Part B Legal Principles and Their Limits.- 5.  Proportionality.- 6. Consistency.- 7. Truth.- Part C Observing the Law.- 8. What Law Looks Like.- 9. Conclusion.

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