'Transgender Jurisprudence: Dysphoric Bodies of Law is an important book. Sharpe's discussion of trangender jurisprudence] is convincing and thought-provoking, his observations incisive and legally persuasive and] his examination of the fundamental heterosexism and phallocentricity of reform jurisprudence is brilliant.' -Queen's Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudence is a work of the most careful and comprehensive scholarship and] will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.' -Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudence provides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.' -Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University ' Sharpe] expresses the hope that the book has made an important contribution ...That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.' -Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University Transgender Jurisprudence] has already become a foundational work by which others will be measured. It] sets a high bar As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying homophobia as] the source of the tension in such cases.' - Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.

The book is an attempt to evaluate the reception of Continental philosophy (phenomenology,hermeneutics, deconstruction, etc.) within mainstream jurisprudence. The book claims that the reduction of philosophy to social theory can only be accomplished by impoverishing the impetus of philosophical thinking and, consequently, by transforming critique into criticism, and the philosophy of law into legal theory. The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'. In addition to philosophy proper - the classics of Antiquity, the great German philosophers, contemporary French thinking -, the book covers a wide range of jurisprudential literature. These include the neo-Kantian philosophers of law whose thinking is allegedly at the root of legal positivism, but special emphasis is also given to 'existential' philosophers of law deeply inspired by the hermeneutical phenomenology of Martin Heidegger. Lastly, the book encourages specifically philosophical approaches in law to the thinking of French contemporaries whose work has inspired critical legal scholarship during the past ten years.

This book explores the application of Scalia's textualism and originalism to education law and reflects upon Scalia's teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia's constitutional approach, but thinking about schools requires attention to political fundamentals-freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia's approach.

The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.

This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

This book,the second produced by the Cambridge Socio-Legal Group, is a collection of essays on the subject of law and the human body. As the title suggests, bodies and body parts are not only subject to regulation through formal legal processes, but also the meanings attached to particular bodies, and the significance accorded to some body parts, are aspects of broader cultural processes. In short, bodies are subjected to both lore and laws. The contributors, all leading academics in the fields of Law, Sociology, Psychology, Feminism, Criminology, Biology and Genetics, respectively, offer a range of interdisciplinary papers that critically examine how bodies are constructed and regulated in law. The book is divided into two parts. Part one is concerned with 'Making Bodies' and includes papers relating to transactions in human gametes, cloning, court-ordered caesarean sections, testing for genetic risk, the patenting of human genes and the social policy implications of the growth in genetic information. Part two is concerned with 'Using and Abusing Bodies'. It contains chapters relating to sexualities, sexual orientation and the law, sex workers and their clients, domestic homicide, religious and cultural practices and other issues involving children's bodies, the ownership of the body and body parts and the legal and ethical issues surrounding euthanasia.

Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law. These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors conceptualization is put into practice."

Taking its bearings from classic texts including Plato, Kant, Hegel and Arendt this thoughtful and intriguing book provides philosophical reflection on what it is to judge and what judgement achieves alongside, and sometimes in competition with, thinking and willing. Opening with the landmark Mabo High Court case in Australia and with detailed reference to other significant debates of judgement of the twentieth century Max Deutscher seeks to explore and explain approaches to the concepts of what is good, right and legal. Describing a connection between reason and grounds intrinsic to judgement he analyses and explores the tendency towards absolutism that displaces proper judgement. By weaving concrete instances of judgement with philosophical thought Deutscher provides a fascinating phenomenology of practices of judgement that should appeal to all readers with an interest in legal, philosophical and political thought.

Thomas Eisele explores the premise that the Socratic method of inquiry need not teach only negative lessons (showing us what we do not know, but not what we do know). Instead, Eisele contends, the Socratic method is cyclical: we start negatively by recognizing our illusions, but end positively through a process of recollection performed in response to our disillusionment, which ultimately leads to renewal. Thus, a positive lesson about our resources as philosophical investigators, as students and teachers, becomes available to participants in Socrates' robust conversational inquiry.

"Bitter Knowledge "includes Eisele's detailed readings of Socrates' teaching techniques in three fundamental Platonic dialogues, "Protagoras, Meno," and "Theaetetus," as well as his engagement with contemporary authorities such as Gregory Vlastos, Martha Nussbaum, and Stanley Cavell. Written in a highly engaging and accessible style, this book will appeal to students and scholars in philosophy, classics, law, rhetoric, and education.

"This book is original, fresh, and of very high quality, opening up these Platonic texts, central to Western culture, in new ways. In addition, it establishes a method that others can use and apply to the other dialogues. It would be a wonderful text to assign in courses in philosophy, basic humanities, education, and law." --James Boyd White, University of Michigan

"Through his thoughtful and incisive readings of Plato, Thomas Eisele puts Socrates in a new light. In Eisele's hands, Socrates offers us a method not simply for philosophy but for the challenges of life and mind. This superb book builds on the great readings of Plato, adding to the richness of our understanding of the enigmatic figure of Socrates. These are profound readings of Plato." --Dennis Patterson, Rutgers University School of Law

"Eisele's book is much more than an erudite, seductive, and imaginative exploration of three central Platonic dialogues. It is also a fine general treatment of philosophy, discussing the kind of finality or closure to which philosophical questions are susceptible and the appropriate stance of the inquirer. It considers the pedagogy of philosophy and law brilliantly." --Thomas Morawetz, University of Connecticut School of Law

Celebrating the twentieth anniversary of the groundbreaking Testimony, this collection brings together the leading academics from a range of scholarly fields to explore the meaning, use, and value of testimony in law and politics, its relationship to other forms of writing like literature and poetry, and its place in society. It visits testimony in relation to a range of critical developments, including the rise of Truth Commissions and the explosion and radical extension of human rights discourse; renewed cultural interest in perpetrators of violence alongside the phenomenal commercial success of victim testimony (in the form of misery memoirs); and the emergence of disciplinary interest in genocide, terror, and other violent atrocities. These issues are necessarily inflected by the question of witnessing violence, pain, and suffering at both the local and global level, across cultures, and in postcolonial contexts. At the volume's core is an interdisciplinary concern over the current and future nature of witnessing as it plays out through a 'new' Europe, post-9/11 US, war-torn Africa, and in countless refugee and detention centers, and as it is worked out by lawyers, journalists, medics, and novelists. The collection draws together an international range of case-studies, including discussion of the former Yugoslavia, Gaza, and Rwanda, and encompasses a cross-disciplinary set of texts, novels, plays, testimonial writing, and hybrid testimonies. The volume situates itself at the cutting-edge of debate and as such brings together the leading thinkers in the field, requiring that each address the future, anticipating and setting the future terms of debate on the importance of testimony.

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968.
Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law itself.
Taking into account developments since the first edition was published, this book provides a constructively critical account of Hart's legal thought. The work includes Hart's ideas on legal reasoning, judicial discretion, the social sources of law, the theory of legal rules, the sovereignty of individual conscience, the notion of obligation, the concept of a right, and the relationship between morality and the law. MacCormick actively engages with current scholarly interpretations, bringing this accessible account of England's greatest legal philosopher of the twentieth century up-to-date.

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments?
This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way.
The book concludes and underpins the author's Law, State and Practical Reason series.Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes. A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography

The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of "hard cases" featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life.

This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek's theory of law as a 'spontaneous order', an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

This set of essays engages with some aspects of Foucault's notion of governmentality,particularly at the junction where law/regulation meets 'the social'. 'The social', as a special sphere of government, is a special area of concern for those working within broad intellectual spaces of the 'governmentality approach'. Is it the basis of modern liberal systems of government? Is it dead, or even feeling unwell? Has it spawned hybrid forms of government like neo-liberalism, neo-conservatism, or even neo-socialism? In making their presence felt in the debates that have flourished around such questions, especially by highlighting the subtleties of the roles played by law and regulation in the governance of the social, the authors of the essays - David Brown; Jo Goodie; Russell Hogg and Kerry Carrington; Jeff Malpas; Pat O'Malley; George Pavlich; Annette Pedersen; Kevin Stenson; William Walters - range widely. There are pieces on liberal government and resistance to it, some on particular targets of this government, like unemployment, crime, 'law and order', even Australian geography, environment and cultural products, and some that delve into philosophical/methodological issues.

First published in 1991, this book - through the examination of ancient Greek literary, philosophical and legal texts - analyses how the Athenian torture of slaves emerged from and reinforced the concept of truth as something hidden in the human body. It discusses the tradition of understanding truth as something that is generally concealed and the ideas of 'secret space' in both the female body and the Greek temple. This philosophy and practice is related to Greek views of the 'Other' (women and outsiders) and considers the role of torture in distinguishing slave and free in ancient Athens. A wide range of perspectives - from Plato to Sartre - are employed to examine the subject.

Reason and Value collects 15 new papers by leading contemporary philosophers on themes from the work of Joseph Raz. Raz has made major contributions in a wide range of areas, including jurisprudence, political philosophy, and the theory of practical reason; but all of his work displays a deep engagement with central themes in moral philosophy. The subtlety and power of Raz's reflections on ethical topics make his writings a fertile source for anyone working in this area. Especially significant are his explorations of the connections between practical reason and the theory of value, which constitute a sustained and penetrating treatment of a set of issues at the very center of moral philosophy as it is practiced today. The contributors to the volume acknowledge the importance of Raz's contributions by engaging critically with his positions and offering independent perspectives on the topics that he has addressed. The volume aims both to honour Raz's accomplishments in the area of ethical theorizing, and to contribute to an enhanced appreciation of the significance of his work for the subject. Contributors: Michael E. Bratman, John Broome, Ruth Chang, Jonathan Dancy, Harry Frankfurt, Ulrike Heuer, Philip Pettit, Peter Railton, Donald H. Regan, T. M. Scanlon, Samuel Scheffler, Seana Valentine Shiffrin, Michael Smith, Michael Stocker, Michael Thompson, R. Jay Wallace.

This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 Rene Cassin Thesis Prize (English section).

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

This book engages with a traditional yet persistent question of legal theory - what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author's 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.

"The Image of Law" is the first book to examine law through the thought of twentieth-century French philosopher Gilles Deleuze. Lefebvre challenges the truism that judges must apply and not create law. In a plain and lucid style, he activates Deleuze's key themes--his critique of dogmatic thought, theory of time, and concept of the encounter--within the context of adjudication in order to claim that judgment has an inherent, and not an accidental or willful, creativity. The book begins with a critique of the neo-Kantian tradition in legal theory (Hart, Dworkin, and Habermas) and proceeds to draw on Bergson's theory of perception and memory and Spinoza's conception of ethics in order to frame creativity as a necessary feature of judgment.