Methods, theory and philosophy of law Books

Book SynopsisTheorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.Table of ContentsContents Acknowledgments vii List of Figures viii List of Contributors ix 1 Theorizing Legal Personhood in Late Medieval England 1 Andreea Boboc 2 Royal Personhood and The Owl and the Nightingale 29 Jana Mathews 3 Carried Away by the Law: Chaucer and the Poetry of Abduction 50 Eve Salisbury 4 John Gower’s Poetry and the ‘Lawyerly Habit of Mind’ 71 R.F. Yeager 5 The Spectral Advocate in John Gower’s Trentham Manuscript 94 Candace Barrington 6 Vengeance and the Legal Person: John Gower’s Tale of Orestes 119 Conrad van Dijk 7 Impossible Piety 142 Valerie Allen 8 Controlling Human Behaviour? The Last Judgment in Late Medieval Art and Architecture 166 Anthony Musson 9 Legal Personhood and the Inquisitions of Insanity in Thomas Hoccleve’s Series 192 Helen Hickey 10 Of Adam’s Rib, Cannibalism, and the Construction of Otherness through Natural Law 218 Toy-Fung Tung 11 Thomas More and Humphrey Monmouth: Conscience and Coercion in Reformation England 244 Andrew Hope 12 Animal Rights, Legal Agency, and Cultural Difference in The Testament of the Buck 270 Jamie Taylor Index 291

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Book SynopsisThe recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.Table of ContentsContributors; Foreword - Manuel de Almeida Ribeiro; I: The Growing Role of International Courts and Jurisdictions: The Permanent Court of International Justice, the International Court Of Justice, and Beyond 1. Introduction - Rui de Moura Ramos; 2. From Absence to Abundance: Tracing the Development and Impact of International Courts - Miguel de Serpa Soares ; 3. The Cases where the International Court of Justice lacked Jurisdiction: a Brief Analysis and Commentary - Rita Teixeira & Ricardo Bastos; 4. Energy at Sea and the Jurisprudence of the International Court of Justice - Dimitra Papageorgiou & Eva Tzavala; II: International Inspection and Control Mechanisms 5. An Overview of the International Inspection and Control Mechanisms - Fernando Loureiro Bastos; 6. The UEFA Financial Control Body - José Cunha Rodrigues; III: European and Other Regional Courts of Human Rights 7. Introduction - Ireneu Cabral Barreto; 8. The European Court of Human Rights as the European Constitutional Court - Paulo Pinto de Albuquerque; 9. The African Court on Human and People's Rights and its Position in the International and African Architectures - José Pina Delgado; 10. Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges - Laura-Maria Craciunean; 11. The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court - Adriana Ramos Costa & Eleonora Mesquita Ceia; 12. Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights - Francesca Capone; 13. International Criminal Court and Human Rights: Achievements and Challenges - Ondřej Svaček; 14. The Reception of the Inter-American Human Rights System in Brazil in Light of Penal Action no. 470 - Alex Ian Psarski Cabral, Cristiane Helena de Paula Lima Cabral & Mário Lúcio Quintão Soares; IV: Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID 15. Investor-state Dispute Settlement in the European Perspective: Recent Developments - Dário Moura Vicente; 16. Dispute Resolution under the Energy Charter Treaty - Alejandro Carballo; 17. Understanding the interaction between the WTO regime and international investment regime: reversing the approach - Ozge Varis; 18. Legal Certainty During EU Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect? - Sadie Blanchard; 19. Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID. A Dual Coverage in the Services Sector - Carmen Alexandra Saugar Koster; 20. The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-In Tariffs - Paolo Davide Farah & Elena Cima; 21. Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law - Emily Sipiorski; 22. Challenges of “investor-state dispute settlement mechanism” in TTIP - Jerzy Menkes & Magdalena Słok-Wódkowska; V: International Commercial Arbitration 23. The Confluence of Transnational Rules and National Directives as the Legal Framework of Transnational Arbitration - Luís de Lima Pinheiro; 24. The Challenges of Taking Evidence in International Commercial Arbitration – the Problem of Legal Privileges - Tatjana Shterjova; VI: The Court of Justice of the European Union 25. Introduction - Fausto de Quadros; 26. The Court of Justice of the European Union - Maria José Rangel de Mesquita; 27. Infringement Procedure and the Court of Justice as an EU law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection - Joana Covelo de Abreu; 28. The United Nations Sanctions Regimes and a Judicialized European Union Perspective - Mateus Kowalski & Sofia Machado; VII: Domestic Courts as International Jurisdictions? 29. Introduction - Catherine Kessedjian; 30. Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations - Peter Trooboff; 31. Corporate Group Structures and the Limits of Personal Jurisdiction. US/European comparative remarks - Rui Pereira Dias; 32. Towards Judicial Accountability in the Business & Human Rights Field? - Humberto Cantú-Rivera; VIII: Postscript 33. The Judicial and Constitutional Challenges of Legal Globalisation - Miguel Poiares Maduro; Index.

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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Book SynopsisWinner of the 2017 Choice Outstanding Academic Title Award In Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.Trade ReviewWinner of the the ACJS Outstanding Book Award 2019 "It is very rare these days to find a book that combines a critical, historical and structural account of crime, punishment, and social control. Marxism and Criminology: A History of Criminal Selectivity achieves those goals by doing for crime and crime control what Rusche and Kirchheimer - in their path-breaking text Punishment and Social Structure - did for the analysis of punishment and incarceration." - Roger Matthews, Preface "Vegh Weis’ millennial Marxism is well selected and read for the new logics of permanent unemployment, financial risk-taking, mass migration and terrorism. It comes at a timely moment when new profound problems that arise with the global economy have subjected the carceral state to more intense economic scrutiny than in the past, and when a growing social movement of people of color and others excluded by forms of normality are challenging the role of punishment in maintaining racial hierarchies as a threat to their dignity, and even survival. With growing pressure from both ends to reform the carceral state in the United States and elsewhere (as in the 1960s and 1970s), Critical Theory - with a generationally sharpened edge - is vital. This book delivers just that." - Jonathan Simon, Afterword "... Vegh Weis's book is essential reading. Its breadth of analysis allows Marxism and Criminology to take on the types of big questions that historical monographs often miss, and its openly Marxist perspective is refreshing in an era where many historians have retreated from any type of theoretical analysis." - Sam Mitrani, College of DuPage "All in all, Marxism and Criminology is an activist book, which might help modern paupers in their struggle against commonplace discriminatory assumptions, not only by recalling that the acts of social harm realized by the upper classes are no less criminal, but also by displaying that in our contemporary capitalist order punishment can be, and is most of the time, itself a crime." - Funda Hülagü, in: Science & Society 83/1 "[This] path-breaking book compels us to revisit the insights of Marx and Engels and she challenges the dated, but often stated, claim made by orthodox Marxists (e.g., Hirst, 1975) that Marxist theory cannot be applied to the study of crime and law. Vegh Weis demonstrates that nothing can be further from the truth. As well, throughout her book, she contests the frequently cited declarations that Marx and Engels had very little to say about crime and that the sociology of law was little more than a secondary interest to them." - Walter S. DeKeseredy (West Virginia University, USA), in: Punishment & Society, April 9, 2018 "[...] [C]ertainly since Rusche and Kirchheimer and Foucault, we have an attempt at a general synthesis which brings together a vast range of empirical material on the dimensions of criminalisation which is then theorised in terms of a clearly articulated relationship to the central dynamic of capitalist development. The contribution of this book to the development of Marxist criminology and, reciprocally, criminologically-sensitive Marxism, is immense. If we want to understand where the world is heading, and the urgency of reform, then this is precisely the type of contribution we need." - Jhon Lea, in: The British Journal of Criminology, 21 March 2018 "Overcoming the particularistic and formalized view of criminal unfairness is perhaps one of Vegh Weis' great contributions [...] she shows that much of the legal world is set to become an autonomous field separated from social-economic conditionings [...] Marxism and Criminology is an excellent contribution to renew the debate on the causes of the growing demand for punitiviness and, at the same time, a questioning of the legal field auto-perception as emancipated from the conditions of production and reproduction of the life and the world." [original text:] "Superar la mirada particularista y formalizada es quizás uno de los grandes aportes de Vegh Weis: su trabajo cuestiona los “vientos teóricos” que reiteran el pensamiento habitual, no relacional, que hace de los comportamientos estancos (de las disciplinas) su criterio de sagacidad. Vegh Weis pone en evidencia que gran parte del mundo jurídico se dispone a constituirse como campo autónomo del acontecer económico-social... , Marxism and Criminology es un excelente aporte para renovar el debate sobre las causas de la creciente demanda de punitivismo y, al mismo tiempo, un cuestionamiento sobre las bases (no precisamente muy sólidas) con que el campo jurídico se auto percibe en términos emancipados de las condiciones de producción y reproducción de la vida y el mundo. - Jorge Elbaum, in Delito y Sociedad, 2018 "In this important work, Vegh Weis (NYU) does a brilliant and accessible job of applying Marxist theory to modern criminality. […] Throughout this work, Vegh Weis positions her inquiry in critical social theory that considers crime in its socioeconomic context. Summing Up: Essential. Upper-division undergraduates and above." - F. E. Knowles (Valdosta State University), CHOICE, September 2017 "El texto de Vegh Weis es una novedad que no debe pasar por alto porque se trata de una de las aventuras más audaces que se haya emprendido en los últimos tiempos en la arena de la criminología y la crítica jurídica. A lo largo de sus páginas, Vegh Weis describe y analiza, sintetiza y arriesga, en una prosa que sabiéndose fundamentada en una sólida investigación desarrollada en Argentina, en Estados Unidos y en Europa, y se desliza al terreno de nuevas teorizaciones, ese terreno siempre fangoso, logrando, empero, salir airosa." - Juan Manuel Suppa Altman (Universidad de Buenos Aires, Argentina), in: Revista de Historia del Derecho, N° 53, January-June 2017, pp. 187-189 "Valeria Vegh retakes, many decades later, the fundamental statements of Punishment and Social Structure by Rusche and Kirchheimer and goes beyond the strict consideration of the labor market to delve into the complex social and economic relations under which criminal demonstrations contemporarily take place [...] it is a real pleasure to present an investigation of the rigorousness that Valeria Vegh's work possesses. I hope that it has a long journey. I am sure it will have it and that it can also be translated and known by a wider audience beyond the U.K. and the U.S.A. [...] this would be extraordinary for the essential enrichment that the criminological disciplines need, this work can both feed and contribute to it." - Iñaki Rivera Beiras (Facultat de Dret), in: Critica Penal y Poder, N° 15, Barcelona (2018) "The book, Marxism and Criminology, which I have received and read, must be the most extended treatment of Marx and crime made in many years.... What I am fascinated by, and interested in, in this very impressive book, is the analysis according to the stages of capitalism in relation to forms of crime." - Richard Quinney ---------------------------------------- For more information on the author and her research, please read an interview with the BBC here, and an interview with Period. here. ---------------------------------------- Please find below an overview of Vegh Weis's recent (book) presentations: 1. Manchester Workshops in Political Theory. Marxism Specialist Group of the PSA, Sep. 11-13, 2017 2. Seminar ‘Saber Penal.’ Buenos Aires University School of Law, Oct. 18, 2017 3. PSA Marxism Specialist Group Panels for the PSA Annual Conference. Cardiff, UK, Mar. 26-28, 2018 4. 200 Marx Conference, Berlin, Germany , May 4, 2018 5. European Criminology Conference (forthcoming Sep) 6. American Criminology Conference (forthcoming Nov)Table of ContentsList of Tables and Figures Preface Acknowledgements Chapter 1: Introduction Criminological Theories and the Notion of ‘Criminal Selectivity’ ‘Criminal Selectivity’ through the Work of Marx and Engels Marx and Engels’ Contributions Did Not Analyze Crime and Crime Control in Deep. Marx and Engels’ Contributions Understood Crime and Crime Control as Superstructural Aspects. Marx and Engels’ Constributions Lead to the Failure of ‘Real Socialism.’ Marx and Engels’ Contributions Are Necessary to Analyze Crime and Crime Control A Conceptualization of ‘Criminal Selectivity’ from a Marxist Perspective Chapter 2: Original Criminal Selectivity Where, How and When of the ‘Primitive Accumulation’ (Late 15th to Early 18th Century). Original Conflict-Control Original Under-Criminalization Original Over-Criminalization The Different Application of Penalization and the Transit from Physical Punishment to Workhouses Who Were the Social Sectors Targeted by Original Criminal Selectivity? Mixed insertion in the ‘Primitive Accumulation’ Punishment during Original Criminal Selectivity Manifest Functions. Latent Functions Creating a Disciplined Working Class Imposing a New Social Order Fragmenting the Dispossed Sectors Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 3: Disciplining Criminal Selectivity Where, How and When of the Disciplining Social Order (late 18th century- late 20th century). Disciplining Conflict-Control First Disciplining Phase: Legally-Disciplining Criminal Selectivity (Late 18th Century) Legally-Disciplining Under-Criminalization Legally-Disciplining Over-Criminalization Second Disciplining Phase: Police-Medically Disciplining Criminal Selectivity (19th Century) Police-Medically Disciplining Under-Criminalization Police-Medically Disciplining Over-Criminalization Third Disciplining Phase: Socio-Disciplining Criminal Selectivity (Early to Late 20th Century) Socio-Disciplining Under-Criminalization Socio-Disciplining Over-Criminalization Who Were the Social Sectors Targeted by Disciplining Criminal Selectivity? Mixed Insertion in the Disciplining Social Order Punishment during Disciplining Criminal Selectivity Manifest Functions Retribution or ‘Just Deserts’ Theory Specific Deterrence/Incapacitation Theory General Deterrence Theory Rehabilitation Theory Latent Functions Disciplining the Worker That Resisted the New Social Order and Its Guidelines Disciplining the Entire Working Class Fragmenting the Working Class Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 4: Bulimic Criminal Selectivity Where, How and When of the Bulimic Social Order (Late 20th to 21th Century). Bulimic Conflict-Control Bulimic Under-Criminalization Bulimic Under-Criminalization on the ‘War on Terror.' Bulimic Under-Criminalization of Financial Manouvers Bulimic Over-Criminalization Bulimic Over-Criminalization on the ‘Social Junk.' Bulimic Over-Criminalization on the ‘Social Dynamite’ Who Were the Social Sectors Targeted by Bulimic Criminal Selectivity? Mixed Insertion in the Bulimic Social Order. Punishment during Bulimic Criminal Selectivity Manifest Functions. Latent Functions Incapacitating the problematic social sectors Controlling the Modern Pauperism Fragmenting the working class Moral Entrepreneurs and Moral Panics Promoting a ‘crime control industry’ and the omnipresent control of the social whole. Brief Reflections Chapter 5: Final Reflections. References. Index

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Book SynopsisIn The Organisation of the Anthropocene, J. E. Viñuales explores the legal dimensions of the currently advocated new geological epoch called the Anthropocene, in which humans are the defining force. He examines in this context two basic propositions. First, law as a technology of social organisation has been neglected in the otherwise highly technology-focused accounts by natural and social scientists of the drivers of the Anthropocene. Secondly, in those rare instances where law has been discussed, there is a tendency to assume that the role of law is to tackle the negative externalities of transactions (e.g. their environmental or social implications) rather than the core of the underlying transactions, i.e. the organisation of production and consumption processes. Such focus on externalities fails to unveil the role of law in prompting, sustaining and potentially managing the processes that have led to the Anthropocene.Table of ContentsThe Organisation of the Anthropocene  Jorge E. Viñuales  Abstract  Introduction  Part 1: Law in the Anthropocene Narrative  Part 2: Ingraining Nature in Law  3.1 Overview  3.2 Law Detached from Nature  3.2.1 An (Un-)Intended Consequence of Legal Positivism  3.2.2 Illustration: Conceptions of Property  3.3 The Horizon of Law in the Anthropocene  3.3.1 Hans Jonas and the Horizon of Ethics  3.3.2 The Task for Law  3.4 Revisiting Foundational Concepts  3.4.1 Transactions-Externalities: The External Logic of   Environmental Law  3.4.2 Illustrations: Conceptions of Sovereignty and   Causality  Part 3: Accounting for Inequality  3.1 Overview  3.2 Legal Organisation of Production  3.2.1 Organising Production for the Industrial   Revolution  3.2.2 The Law of Business Organisation  3.2.3 Structuring Labour Relations  3.2.4 Pollution and Third Parties  3.3 Asymmetric International Exchange Systems  3.3.1 The British Atlantic System  3.3.2 The Legal Organisation of Trade  3.4 Operationalising Historical Responsibility  3.4.1 Level and Time-horizon  3.4.2 Industrialisation and the Historical Debt towards   Africans  3.4.3 The Legal Representation of Future Generations  3.4.4 Present Allocations: Common but Differentiated   Responsibilities  Part 4: Legal Organisation of the Transition  3.1 Overview  3.2 Adaptive Legal Systems  3.3 Promoting or Hindering the Transition  3.4 Legitimising the Transition  Conclusion: A Research Agenda  Select Bibliography

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Book SynopsisAdvocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.Table of ContentsAcknowledgements List of Abbreviations Notes on Contributors 1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change  Daniel D. Bradlow and David B. Hunter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis  Upendra Baxi 3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System  Claudio Grossman 4 Children’s Rights: Social Change through the Application of Hard and Soft International Law  Ann Skelton 5 The International Criminal Court and the Use of Hard Law in the Quest for Accountability for Core International Crimes  Angela Mudukuti 6 The Hard Choices in Promoting Environmental Access Rights  Natalia Gomez Peña and David B. Hunter 7 The Hard Choice for Soft Commitments in the Climate Change Regime  David B. Hunter 8 A Turning Point in a Slow Revolution: the who Framework Convention on Tobacco Control  Patricia Anne Lambert 9 Soft International Law and the Promotion of Financial Regulation and Responsibility  Daniel D. Bradlow 10 Levers for and Obstacles to Social Change: Bank Lending, the Law and the Equator Principles  Sheldon Leader and Luis Felipe Yanes 11 Non-Judicial Grievance Mechanisms: Hardening the Soft Law of Corporate Accountability?  Nikki Reisch 12 Hard and Soft International Law and Their Contribution to Social Change: the Lessons Learned  Daniel D. Bradlow and David B. Hunter Index

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Book SynopsisIn Political Theology and International Law, John D. Haskell offers an account of the intellectual debates surrounding the term ‘political theology’ in academic literature concerning international law. Beneath these differences is a shared tradition, or genre, within the literature that reinforces particular styles of characterising and engaging predicaments in global politics. The text develops an argument toward another way of thinking about what political theology might offer international law scholarship—a politics of truth.Table of ContentsPolitical Theology and International Law  John D. Haskell  Abstract  Keywords  Acknowledgement  1 Introduction  2 A Christian Heritage in Perilous Times  3 Varieties of Post-Foundationalism  4 The Void in Context  5 Conclusion  Bibliography

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Book SynopsisIn this book, William Brant uncovers social causes of violence, in search of reductive measures. Multiple legal systems are explored as reducers and implementers of violence and threats, especially criminal justice systems. War, propagandizing, power, corporate and governmental involvement in social domination, statehood, dangerous ideologies, and tribal sexual domination are explored in many cultures. Various levels and methods are given for observing, measuring and analyzing how people think and behave regarding the law, including examples of comedy. A theoretical chapter presents legal theory in relation to conceptions of possibility and misconceptions. These ideas are applied to judiciaries, which expose winning strategies for lawyers’ desired verdicts. Dr. Brant accounts for the interconnections between sexual selection, legal systems and wars.Table of ContentsAcknowledgements List of Figures Introduction 1 Relations of law  1 Understanding the Social Importance of Legal Systems  2 Legal Systems as Crucial Parts of Real Statehood and Theoretic Minimal States  3 Sociological Imaginations and Dangerous Legal Ideologies  4 Mass Media Broadcasts of Social Events: Security with Systems 2 Incomprehensiveness of Just Legality and Illegality  1 Ideological Confusion about Legal Systems Disregarding Alegality and Fraud  2 Comparative Legal Studies: Western Influences on Islamic Systems  3 The Concept of Alegality for Comparative Legal Studies and Rights  4 Ideologies without Concepts of Alegality May Fail to Conceive of Indifference  5 The Logical Structure of Legalization: Gradations of Legality  6 The Significance of Mental States and Ideology  7 Intersubjectivity: Nationhood, Law, Politics, and Economics  8 Ideologies: Legality, Alegality, and Illegality, Despite Social Acceptability 3 Levels of Analyses of Law and Methods  1 Integrative Levels: Classification Systems for Knowledge Organization and Law  2 Methodological Concerns Regarding Legal Research  3 Autobiographical, Biographical, and Historical and Sociological Ways of Thinking about Law  4 Psychological Levels of Analysis: Situations of Law Enforcement  5 Sociological Levels of Analysis: Legal Systems as Changing Sets of Communications  6 Chemical and Neurobiological Levels of Analysis: Aspects of Law  7 Logical Levels of Analysis: Philosophy of Law  8 Historical Levels of Analysis: Philosophy of Law  9 History of Philosophy and History of Philosophy of Law: System and Problem-thinking  10 Dual Roles of Historical Occurrences  11 Comedic Levels of Analysis of Law: Laughableness, Booing, and Applause  12 Measurements and Observations Concerning the Comedic Level of Analysis of Law 4 Psychosociological Relations of Law  1 Leadership Characterizes Successful Terrorizers as “Cowards”: Upsides and Downsides  2 Ways and Reasons of Propagandizing for the Retaliatory Society: Brave Heroes versus Villainous Cowards  3 Real Phenomena: Energy as Legal, Alegal and Illegal Forms of Power  4 Soft Power and Hard Power  5 Psychosociological Analyses Concerning Law: Reasons for Greater Fears  6 Moral Psychology: Problems Concerning Models’ Combinations of Multi-Leveled Observations  7 Introduction to Moral Psychology  8 Social Intuitionism’s Role in Moral Psychology  9 Moral Judgment and Action Requires Attention, Intention, Memory Capacity, and “Being in Control”  10 Virtue Ethics and Consequentialism  11 Duty Ethics: Deontology  12 The Social Intuitionist Model Describes “Out-of-Control” Moral Decisions  13 Disbelief in Free Will and Dangers and Influences of Social Intuitionist Models May Reduce Feelings of Moral Responsibility 5 Comprehensive Conceptions of Possibility: Legal Theory  1 Modal Theory and Possibility Theory: Social Implications  2 Presumptions Concerning the Critique of the Concepts of Possibility  3 Inclusive Disjunctive Possibility: Possibility as an Indifferent, Abstract, and Broad Conception  4 Possibility and Impossibility in relation to Logicality, Physicality, and Law  5 An Application of the Concepts of Physicality, Logicality, and Modalities for Courts of Law  6 Coincidence as Inessentiality or Accidence: Abstract Concepts and Particulars  7 The Starting Point of Legal Studies: Reality’s Givenness, Theoretic Doubt of the Real World, and Theoretic Consideration of Multiple Possible Worlds  8 The Concept of Metaphysical Possibility: Inclusive Disjunction and Possibility Concerning Metaphysic Content  9 Real Possibility: Requiring Real Fulfillment and More Exclusive Disjunctions  10 Contradictoriness for Real Possibility and Logical Possibility: Exclusive and Inclusive Disjunction and Legal Maxims  11 Real Possibility: Supporting Arguments, Historic Origins and Law  12 Recollective Possibility: Expectation and Recognition of the (Un)Real via Possibilistic rather than Probabilistic Cognitions and Knowledge  13 Methodological Problems for the Conceptions of Possibility  14 Synopsis and Future Directions of Research: Possibility Theory for Law 6 The F-Problem  1 The Economic Problem, the F-Problem, and Human Overpopulation  2 Legal Encouragement and Discouragement of Fertilization and Corporate Impacts on the Planet  3 The F-problem, Eugenics, and Misconceptions about Human Sexual Reproduction  4 Violence Directed toward Intersexuals, Transsexuals, and Non-heterosexuals as a Form of Social Dominance  5 Opposing Concepts of Human Generation: Importance of Adolescent Pregnancies  6 Increasing the Number of Competitors for Resources Increases Amounts of Competition  7 Victimizations and Contributing to the Disorganizations of Societal Systems  8 Relations of the F-Problem to Victimization as a Form of Theft  9 War as an F-Problem and Peace: Sexual Selection and Rites  10 Conclusion Bibliography

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Book SynopsisIn Re-Situating Utopia Matthew Nicholson argues that international law and international legal theory are dominated by a ‘blueprint’ utopianism that presents international law as the means of achieving a better global future. Contesting the dominance of this blueprintism, Nicholson argues that this approach makes international law into what philosopher Louis Marin describes as a “degenerate utopia” – a fantastical means of trapping thought and practice within contemporary social and political conditions, blocking any possibility that those conditions might be transcended. As an alternative, Nicholson argues for an iconoclastic international legal utopianism – Utopia not as a ‘blueprint’ for a better future, operating within the confines of existing social and political reality, but as a means of seeking to negate and exit from that reality – as the only way to maintain the idea that international law offers a path towards a truly better future.Table of ContentsRe-Situating Utopia  Matthew Nicholson Abstract  Keywords  Acknowledgements  Introduction: Blueprints and Iconoclasm  Part 1: Iconoclastic Utopianism, or “Exiting the Series”  Part 2: Blueprints  Part 3: Utopia, “Degenerate Utopia,” and Disneyland  Part 4: Towards “World Other”  Bibliography

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Book SynopsisThis book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.Table of ContentsThe Critical Attitude and the History of International Law  Jean d’Aspremont  Abstract  Keywords  1 Markers, Periodization, Causal Sequencing, effet du réel and the Writing of Historical Narratives  2 The Rise of Disciplinary Histories in International Law  3 The ‘Historical Turn’ and the Burgeoning of Critical Histories  4 The Continuous Complacency of Contemporary Critical Histories  5 The Impossibility of Critical Historiography and the Idea of Radical Historical Critique  6 Concluding Remarks  Bibliography

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Book SynopsisChallenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.Table of ContentsNotes on Contributors PART 1 Introduction   María José Falcón y Tella PART 2 Law and Literature  Revenge in Literature   María José Falcón y Tella  Arbitration and Literature   François Ost  Clarín,Jurist   Ignacio Torres Muro  Some Brief Notes on Ezra Pound and Roman Law   Faustino Martínez Martínez  The Undeniable Humanism of Concepción Arenal   María Eugenia Pérez Monte PART 3 Constitutional Law  Legal Interpretation   Timothy Endicott  The Constitutional Order  Reforms and Ruptures   Diego Valadés  Normative Provisions and Legal Norms  A Useful Distinction   Francisco Javier Ezquiaga Ganuzas  Some Notes on Equality and Legal Equality   Victoria Iturralde Sesma  On Equality   Ramón Maciá Manso PART 4 Legal Philosophy  The Law of Nations in Giambattista Vico   Carla Faralli  Artificial Law and “Artificious” Rights   María Amparo Grau Ruiz  Bioethics and Legal Philosophy  An Inevitable and Necessary Reflection   María Casado  Philosophical Reflection and the Law   Juan Antonio Martínez Muñoz  We Are All Vulnerable  Human Capability, Corporeality and Dignity: Functional Diversity Examined in the Light of Martha C. Nussbaum’s Commitment to Justice   Teresa García-Berrio Hernández PART 5 Law and Religion  Religious Autonomy and Labor Relations  Reflections on Institutions with an Ethos   Javier Martínez-Torrón Religion, Beliefs, and Freedom of Speech  The Disorientation of the European Court of Human Rights   Rafael Palomino Lozano Index

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Book SynopsisIn Sociocybernetics and Political Theory in a Complex World, Roberto Mancilla posits that because current political and constitutional theory was crafted since the XVII century, in the age of globalisation, Google and Big Data, other arrangements are needed. He proposes a recasting of the ideas of the State, Separation of Powers, The Public/Private Distinction and Constitutionalism by means of cybernetics, a body of knowledge that gave way to the technology that we have today. This will be done by means of a general introduction to sociocybernetics and complexity and then through the critical dismantling of said concepts of political theory and then proposals imbued with newer ideas.Table of ContentsSociocybernetics and Political Theory in a Complex World Recasting Constitutionalism  Roberto Mancilla Abstract  Keywords  General Introduction  SECTION 1  Introduction  Part 1: Prior Concepts  Part 2: A Basic Understanding of Human Sociability: The 3 by 3 by 3 Model  Conclusions to Section 1  Section 2  Introduction  Part 3 Recasting the State  Part 4 Recasting the Constitution  Part 5 Recasting the Separation of Powers  Part 6 Recasting the Public/Private Distinction  Part 7 Recasting Constitutionalism  Conclusions to Section 2  General Conclusions  Author’s Note  References

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Book SynopsisWhat do we mean when we talk about the identity of a musical work and what does such an identity involve? What in fact are the properties that make it something worth protecting and preserving? These issues are not only of legal relevance; they are central to a philosophical discipline that has seen considerable advances over the last few decades: musical ontology. Taking into account its main theoretical models, this essay argues that an understanding of the ontological status of musical works should acknowledge the irreducible ambivalence of music as an “art of the trace” and as a “performative art.” It advocates a theory of the musical work as a “social object” and, more specifically, as a sound artefact that functions aesthetically and which is based on a trace informed by a normative value. Such a normativity is further explored in relation to three primary ways of conceiving and fixing the trace: orality, notation and phonography.Table of ContentsThe Normativity of Musical Works: A Philosophical Inquiry  Alessandro Arbo Abstract Keywords  Introduction  1 Works and Performances  2 Musical Ontology: An Overview  3 Orality, Notation, Phonography  Conclusions  Acknowledgements  Bibliography

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Book SynopsisThis interdisciplinary textbook serves as a solid introduction to the future of legal education against the background of the widespread use of AI written by colleagues from different disciplines, e.g. law, philosophy/ethics, economy, and computer science, whose common interest concerns AI and its impact on legal and ethical issues. The book provides, first, a general overview of the effects of AI on major disciplines such as ethics, law, economy, political science, and healthcare. Secondly, it offers a comprehensive analysis of major key issues concerning law: (a) AI decision-making, (b) rights, status, and responsibility, (c) regulation and standardisation, and (d) education.Table of ContentsAcknowledgements List of Figures and Tables Notes on Contributors 1 General Introduction John-Stewart Gordon Part 1 The Impact of ai on Major Disciplines  Introduction to Part 1 2 Ethics   John-Stewart Gordon and Kęstutis Mosakas 3 Transformative Smart Technologies: Mapping Challenges of Private Law   Julija Kiršienė, Edita Gruodytė and Deividas Kiršys 4 The Economy   Paulius Čerka 5 Political Science: ai Governance   Karolis Kubilevičius and Tomas Berkmanas 6 The Impact of Artificial Intelligence on Healthcare   Giedrė Kvedaravičienė, Adam Poulsen and Milda Žaliauskaitė Part 2 Major Key Issues: ai Decision Making  Introduction to Part 2 7 Machine Bias   Vladislav V. Fomin 8 Ethical Programming and Machine Moral Agency   Kęstutis Mosakas 9 The Black Box Problem   Vladislav V. Fomin and Paulius Astromskis 10 Singularity and Control   Vladislav V. Fomin and Kęstutis Mosakas Part 3 Major Key Issues: Rights, Status, and Responsibility  Introduction to Part 3 11 Electronic Personhood   Julija Kiršienė, Edita Gruodytė and Darius Amilevičius 12 Moral and Legal Status of Robots   John-Stewart Gordon and Kęstutis Mosakas 13 Rights for Robots   Kęstutis Mosakas 14 ai and Moral and Legal Responsibility   Julija Kiršienė, Edita Gruodytė and Kęstutis Mosakas 15 Ethical and Legal Issues Related to Autonomous Vehicles   Sven Nyholm Part 4 Major Key Issues: Regulation and Standardization  Introduction to Part 4 16 Legal Regulation of Autonomous Machines   Paulius Astromskis 17 Limits of Legal Automation   Darius Amilevičius 18 Responsible Standardization   Vladislav V. Fomin Part 5 Education  Introduction to Part 5 19 The Right to Education   Aušrinė Pasvenskienė and Paulius Astromskis 20 Educational Technologies   Aušrinė Pasvenskienė and Paulius Astromskis Part 6 Appendices Appendix 1 Guidelines for Regulation of Information Technologies   Vladislav V. Fomin and Darius Amilevičius Appendix 2 Guidelines for Regulation of Robotics   John-Stewart Gordon and Kęstutis Mosakas Appendix 3 Guidelines for Improvement of Lawyers’ Qualifications   Julija Kiršienė, Edita Gruodytė, Aušrinė Pasvenskienė and Paulius Astromskis Index

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Book SynopsisThe last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson''s Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart''s ''Postscript'' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.Table of ContentsContents: Introduction; Part I Problems and Aims: What is jurisprudence about? Theories, definitions, concepts, or conceptions of law?, Michael D. Bayles; General jurisprudence: a 25th anniversary essay, Leslie Green; Leaving the Hart-Dworkin debate, Keith Culver; The methodology of jurisprudence: 30 years off the point, Andrew Halpin; Ways of understanding diversity among theories of law, Michael Giudice. Part II Issues of Semantics and Epistemology: Two views of the nature of the theory of law: a partial comparison, Joseph Raz; Jurisprudence and necessity, Danny Priel; Jurisprudence as practical philosophy, Gerald J. Postema; Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence, Brian Leiter. Part III Perspectives on Morality in the Theory of Law: Hart's postscript and the character of political philosophy, Ronald Dworkin; Law and what I truly should decide, John Finnis; Concepts of law, Liam Murphy; Methodology in jurisprudence: a critical survey, Julie Dickson. Part IV Issues of Scope and Concepts: Transnational communities and the concept of law, Roger Cotterrell; Have concepts, will travel: analytical jurisprudence in a global context, William Twining; Socio-legal positivism and a general jurisprudence, Brian Z. Tamanaha; Doin' the transsystemic: legal systems and legal traditions, H. Patrick Glenn; Name index.

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