This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination. The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.

Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective. The expert contributions explore developments relating to professional vs academic publications, editorial review vs peer review, rankings of journals and law schools vs other reputation mechanisms and a range of other evaluation practices and their intended and unintended effects. Analysing research evaluation practices across more than ten jurisdictions and multiple contexts, this insightful book reveals how evaluation practices differ across Europe. Through this analysis, the book exposes a range of possibilities for further debate and study. Engaging and topical, Evaluating Academic Legal Research in Europe will be valuable reading for legal academics, university and faculty managers, higher-education policy-makers and administrators as well as editors of law journals, legal publishers and research foundation and funding bodies. Contributors include: A. Bakardjieva Engelbrekt, K. Byland, D. Costa, J. Hojnik, P. Letto-Vanamo, A. Lienhard, D. Mac Sithigh, E. Maier, G. Peruginelli, N. Petersen, K. Purnhagen, A. Ruda Gonzalez, M. Schmied, M. Snel, R. van Gestel

Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.

The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker

Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

In these vibrant narratives, 25 of the world’s most accomplished movement lawyers and activists become storytellers, reflecting on their experiences at the frontlines of some of the most significant struggles of our time. In an era where human rights are under threat, their words offer both an inspiration and a compass for the way movements can use the law – and must sometimes break it – to bring about social justice.

The contributors here take you into their worlds: Jennifer Robinson frantically orchestrating a protest outside London’s Ecuadorean embassy to prevent the authorities from arresting her client Julian Assange; Justin Hansford at the barricades during the protests over the murder of Black teenager Mike Brown in Ferguson, Missouri; Ghida Frangieh in Lebanon’s detention centres trying to access arrested protestors during the 2019 revolution; Pavel Chikov defending Pussy Riot and other abused prisoners in Russia; Ayisha Siddiqa, a shy Pakistani immigrant, discovering community in her new home while leading the 2019 youth climate strike in Manhattan; Greenpeace activist Kumi Naidoo on a rubber dinghy in stormy Arctic seas contemplating his mortality as he races to occupy an oil rig.

The stories in The Revolution Will Not Be Litigated capture the complex, and often-awkward dance between legal reform and social change. They are more than compelling portraits of fascinating lives and work, they are revelatory: of generational transitions; of epochal change and apocalyptic anxiety; of the ethical dilemmas that define our age; and of how one can make a positive impact when the odds are stacked against you in a harsh world of climate crisis and ruthless globalization.

This book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze's critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the 'disciplinary borders' of legal and political theory. The book draws upon Deleuze's broader thought, but also radical legal and political theory and continental philosophy. In particular, it investigates and expands on two of Deleuze's most important notions, namely those of 'immanence' and 'becoming' and their relation to the philosopher's critique of human rights. In doing so, it argues that these two notions are capable of questioning the dominant and dogmatic position that human rights enjoy.

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.

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

Does the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals. Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed. Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.

Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories. This book studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Soren Kierkegaard, it examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable.

Since classical antiquity debates about tyranny, tyrannicide and preventing tyranny's re-emergence have permeated governance discourse. Yet within the literature on the global legal order, tyranny is missing. This book creates a taxonomy of tyranny and poses the question: could the global legal order be tyrannical? This taxonomy examines the benefits attached to tyrannical governance for the tyrant, considers how illegitimacy and fear establish tyranny, asks how rule by law, silence and beneficence aid in governing a tyranny. It outlines the modalities of tyranny: scale, imperialism, gender, and bureaucracy. Where it is determined that a tyranny exists, the book examines the extent of the right and duty to effect tyrannicide. As the global legal order gathers ever more power to itself, it becomes imperative to ask whether tyranny lurks at the global scale.

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.

Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.

The figure of the mistress is undoubtedly controversial. She provokes intense reactions, ranging from fear, to disgust and revulsion, to excitement and titillation, to sadness and perhaps to some, love. The mistress is conventionally depicted as a threat to moral living and someone whose sexuality is considered defective and toxic. Of course, she is a woman that you would not have as your friend, and certainly not your wife, since her ethical sense, if she even has one, is dubious at best. This book subverts these traditional judgements and offers an unflinching look at the lived experience of the mistress. Here she is recast as a potentially loving, free, intimate 'other' woman. Drawing upon feminist philosophy, contemporary sexual ethics and the current cultural moment of #MeToo, Mistress Ethics moves beyond a narrative of infidelity, conventional judgment, the safeguarding of monogamy and conventional heterosex that permeates our society. It asks what happens when we let go of our insecurities, judgments and moralistic relationship philosophies and opt, instead, for an ethics of kindness. This kindness - underpinned by engaging with those deemed 'other' and learning from mistresses, both straight and queer - will teach us new ways of thinking about ethics and sex, and reveal how we have better sex, and how we can be better to each other.

'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.' - David Kennedy, Harvard University 'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.' - Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline. The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.

In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility. Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm.

The human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead. In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include: X. Arzoz, A. Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R. Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.