Jurisprudence in an African Context, Second Edition, is devoted to the philosophy of law in a way that engages earnestly with African thought and the African context. The textbook features primary texts by leading African intellectuals, putting these in critical dialogue with works by Western theorists. It addresses core jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the light of both African and Western principles as applied to salient controversies on the African continent.

This revised and updated second edition offers a deepened examination of the philosophical theories, the African context and African customary law. It includes new chapters that address critical race theory and feminism, and provides expanded analysis of primary texts. Further reading lists are also n ow available in each chapter, and links to online media are integrated throughout the work.

Jurisprudence in an African Context, Second Edition, is suited as core material for courses in African jurisprudence, legal philosophy or political theory, and may be of interest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.

There is already ample evidence that the new constitutional order has triggered an unprecedented flowering of South African jurisprudential debate. The aim of this book is to provide a sensitive and intuitive understanding of these debates. In addition, lecturers will be given an innovative approach to what has been previously regarded as a difficult, boring and irrelevant subject.

David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. Our actions sometimes have an effect not only on the quality of life that people will enjoy in the future, but on which particular people will exist in the future to enjoy it. In cases where this is so, the combination of certain assumptions that most people seem to accept can yield conclusions that most people seem to reject. The non-identity problem has important implications both for ethical theory and for a number of topics in applied ethics, including controversial issues in bioethics, environmental ethics and disability ethics. It has been the subject of a great deal of discussion for nearly four decades, but this is the first book-length study devoted exclusively to its examination. Boonin begins by explaining what the problem is, why the problem matters, and what criteria a solution to the problem must satisfy in order to count as a successful one. He then provides a critical survey of the solutions to the problem that have thus far been proposed in the sizeable literature that the problem has generated and concludes by developing and defending an unorthodox alternative solution, one that differs fundamentally from virtually every other available approach.

Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book discusses the rule-following character of thought. The second considers how choice can be responsive to different sorts of factors, while still being under the control of thought and the reasons that thought marshals. The third examines the implications of this view of choice and rationality for the normative regulation of social behaviour.

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory.
Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in the field. He explores the problematic state of socio-legal studies, the relationship between behavior and meaning, the notion of legal ideology, the nature of the concept of law, the problem of indeterminacy in rule following and application, and the structure of judicial decision making.
Tamanaha's discussion is always clear and concise as he articulates a social theory of law that draws equally from legal theory and socio-legal studies. His book has much to offer those interested in the gathering and organization of knowledge about law and legal phenomena.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.

Two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyzes points of controversy in the use, and abuse of extra-legal arguments within legal theory and practice.
Law and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.

Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.

This thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a 'hashtag jurisprudence' can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.

Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d'Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse. In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law. After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book's engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.

This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans. Clarifying and cross-examining the morality of human rights, Michael J. Perry discusses their connection to moral equality and moral freedom, as well as exploring the significance of anti-poverty human rights. This illuminating book concludes with an explanation as to why the morality of human rights is acutely relevant to challenges faced by humanity in the modern era. In particular, the challenges of growing economic inequality and climate change are emphasised as having profound relevance to the morality of human rights. Interrogating the Morality of Human Rights will be of great benefit to both undergraduate and graduate students who are contemplating the idea of human rights and their morality within their studies. Professors and academics with cause to study and research human rights would also find it to be of interest, particularly those in the field of legal scholarship.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers. Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.

This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Offering a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, the book is divided into two parts. The first part further explores and evaluates the concept of law as an artifact and analyses the background and theoretical basis of the theory. The second part comprises three sections on legal ontology, semantics and legal normativity, specifically in relation to law's artifactual nature. Providing cutting-edge insights at the intersection of law and philosophy, this book will appeal to scholars and students in philosophy of law, empirical legal studies, social ontology and the philosophy of society.

This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state. The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarly disciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook.

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings. Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood. Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.

The first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the people. Providing an innovative understanding of Rousseau's politico-legal philosophy, this book illustrates the legal significance of plural agency and what it means for a people to act together: What do people share when using the word 'we'? What makes a people's actions political? And what exactly is 'bodily' about their joint commitment? Testing these ideas in three controversial modern debates - bio-technology, immigrant rights and populism - Van Roermund offers a critical assessment of 'political theology' in contemporary legal environments and establishes a new interpretation of joint action as bodily entrenched. Incisive and cutting-edge, this book is crucial reading for scholars of jurisprudence and legal and political philosophy, particularly those with a focus on Rousseauian theory. Students of jurisprudence and constitutional theory will also benefit from its philosophical and political insights, as well as its discussions of pressing real-world issues.

This illuminating Research Handbook analyses the role that emotions play, and ought to play, in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for legal officials and practitioners.

In seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings? Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation. The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.