This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of "law" in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon "law". By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book.

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

Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Progressive legal and political thinking has for long lacked a positive, let alone a bold imaginary project, an account of what improved institutions and an ameliorated environment would look like. And where better to start than with the non-laws or imaginary legislations of a realm yet to come. The Cabinet of Imaginary Laws is a collection of fictive contributions to the theme of conceiving imaginary laws in the vivid vein of jurisliterary invention. Disparate in style and diverse in genres of writing and performative expression, the celebrated and unknown, venerable and youthful authors write new laws. Thirty-five dissolute scholars, impecunious authors and dyspeptic artists from a variety of fields including law, film, science, history, philosophy, political science, aesthetics, architecture and the classics become, for a brief and inspiring instance, legislators of impossible norms. The collection provides an extra-ordinary range of inspired imaginings of other laws. This momentary community of radial thought conceives of a wild variety of novel critical perspectives. The contributions aim to inspire reflection on the role of imagination in the study and writing of law. Verse, collage, artworks, short stories, harangues, lists, and other pleas, reports and pronouncements revivify the sense of law as the vehicle of poetic justice and as an art that instructs and constructs life. Aimed at an intellectual audience disgruntled with the negativity of critique and the narrowness of the disciplines, this book will appeal especially to theorists, lawyers, scholars and a general public concerned with the future of decaying laws and an increasingly derelict legal system.

This volume offers a selection of the lectures delivered at the 1995 EAPL Conference in Budapest. The chapters demonstrate current results in the research and practice of judicial psychology. The findings are useful both for researchers and practising psychologists and address the most significant areas of judicial psychology: the problems of witness testimony; the psychological aspect of decision making in the court; the characteristics and treatment of offenders; the psychological impacts of prisons on prisoners; victimization; crime and public; and the history and prospects of this relatively new and complex science. For the first time the European Association of Psychology and Law organized its conference in a country of central-eastern Europe; consequently, this volume contains several articles on the scientific findings of psychologists working in the region.

The essays in this volume answer to anxieties that the pragmatist tradition has had little to say about justice. While both the classical and neo-pragmatist traditions have produced a conspicuously small body of writing about the idea of justice, a common subtext of the essays in this volume is that there is in pragmatist thought a set of valuable resources for developing pragmatist theories of justice, for responding profitably to concrete injustices, and for engaging with contemporary, prevailing, liberal theories of justice. Despite the absence of conventionally philosophical theories of justice in the pragmatist canon, the writings of many pragmatists demonstrate an obvious sensitivity and responsiveness to injustice. Many pragmatists were and are moved by a deep sense of justice-by an awareness of the suffering of people, by the need to build just institutions, and a search for a tolerant and non-discriminatory culture that regards all people as equals. Three related and mutually reinforcing ideas to which virtually all pragmatists are committed can be discerned: a prioritization of concrete problems and real-world injustices ahead of abstract precepts; a distrust of a priori theorizing (along with a corresponding fallibilism and methodological experimentalism); and a deep and persistent pluralism, both in respect to what justice is and requires, and in respect to how real-world injustices are best recognized and remedied. Ultimately, Pragmatism and Justice asserts that pragmatism gives us powerful resources for understanding the idea of justice more clearly and responding more efficaciously to a world rife with injustice.

In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights formula" to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p."

It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.

A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, how judges' pet intellectual projects become the fodder for new ideas in the law.

Through a series of case studies, Professors McIntosh and Cates argue for the assessment of judicial activity from a fresh perspective. They focus on the appellate system and those judges who help to move the law-i.e., entrepreneurs. Appeals court judges are in a unique position in that they are presented with real opportunities to influence the shape and meaning of law.

Jurists have special interests, some areas of the law that particularly attract them. When questions arise in these fields, jurists are likely to seize the moment, allowing them to express their expertise and be creative. This is not only a natural course for highly motivated individuals, but also a mode of operation that is important to the development of our law. Through an examination of the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, the authors explore this concept of entrepreneurship, in which judges take on and promote their pet projects. Of great interest to scholars and researchers in political science and law, and those concerned with judicial process and behavior, and court policymaking.

How should liberal democratic governments respond to citizens as religious believers whose values, norms and practices might lie outside the cultural mainstream? Some of the most challenging political questions arising today focus on the adequacy of a policy of 'live and let live' liberal toleration in contexts where disputes about the metaphysical truth of conflicting world-views abound. Does liberal toleration fail to give all citizens their due? Do citizens of faith deserve a more robust form of accommodation from the state in the form of 'recognition'. This issue is far from settled. Controversies over the terms of religious accommodation continue to dominate political agendas around the world. This is the first edited collection to provide a sustained examination of the politics of toleration and recognition in an age of religious pluralism. The aftermath of the events of September 11th have dramatised the urgency of this debate. It has also surfaced, nationally and globally, in disputes about terrorism, security and gender and human rights questions in relation to minority communities. This volume brings together a group of new and established scholars from the fields of law and philosophy, who all present fresh and challenging perspectives on an urgent debate. It will be indispensable reading for advanced researchers in political and legal philosophy, religious and cultural studies and related disciplines.

For courses in criminal justice administration. #1 market choice for justice administration courses Using an active-learning approach and real-world examples, Justice Administration: Police, Courts, and Corrections Management examines all relevant facets of the criminal justice system and includes practical exercises in most chapters. The text flows logically, from basic justice administration, to police, courts, and corrections, and finally, ethical, financial, and technological influences. The 9th edition focuses on accountability - particularly of the police, in the aftermath of police shootings of unarmed minorities - and includes a new chapter on homeland security.

This book illuminates methodology in legal research by bringing together interdisciplinary scholars, who employ a diverse set of methodologies, to address a specific shared research challenge: 'the body'. The contributors were asked a question: if you were invited to contribute to an edited book on 'the body', where would you start and then where would you go? The result is a self-reflective discussion of how and where researchers engage with methodological practices. The contributors draw on their own interdisciplinary research experiences to explore how 'the body' might be addressed in their work, and the resources they would deploy in order to carry out the task. This 'book within a book' is innovative in both content and format. It provides a rare insight into how top interdisciplinary legal scholars go about making decisions about their research. The shared device of 'the body' allows the volume to trace a number of rich approaches into the process of research as practiced by these diverse scholars. In presenting thinking and research in action, the volume offers a new, self-reflective view on the much-addressed theme of the body, as well as taking a fresh approach to the historically vexed problem of research methodology in legal studies.

Farrelly argues against the principled paradigm of ideal theory and champions instead a virtue-oriented theory of justice entitled 'civic liberalism'. He critically assesses the main contemporary theories of justice and tackles a number of applied topics, ranging from constitutional design and free speech to welfare reform and economic incentives. "Justice, Democracy and Reasonable Agreement" is a plea for political philosophers to take seriously a range of non-ideal considerations such as scarcity, pervasive disadvantage, non-compliance, indeterminacy, disagreement and fallibility.

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.

While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the handbook is divided into six main parts: * conceptual issues * the wrongness of discrimination * groups of 'discriminatees' * sites of discrimination * causes and means * history of discrimination. Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics.

This book outlines a theory of communication and justice for the digital age, updating classic positions in political philosophy and ethics, and engaging thinkers from Aristotle through Immanuel Kant and the American pragmatists to John Rawls, Jürgen Habermas, and Amartya Sen. In communication seeking to define justice and call out injustice, there is such a thing as the last word. The chapters in this book trace the historical emergence of communication as a human right; specify the technological resources and institutional frameworks necessary for exercising that right; and address some of the challenges following from digitalization that currently confront citizens, national regulators, and international agencies. Among the issues covered are public access to information archives past and present; local and global networks of communication as sources of personal identities and imagined communities; the ongoing reconfiguration of the press as a fourth branch of governance; and privacy as a precondition for individuals and collectives to live their lives according to plans, and to make their own histories. The book will be of interest to students and researchers in media and communication studies, cultural studies, political philosophy and ethics, and interdisciplinary fields examining the ethical and political implications of new information and communication infrastructures.

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism. Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.

This book offers an examination of physician-assisted death, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death.

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.

Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.L.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.

- challenges some of the theoretical assumptions about ambiguity in EU law - presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU's leading preliminary rulings - will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts - and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, "[f]reedom to think is absolute of its own nature" because even "the most tyrannical government is powerless to control the inward workings of the mind." But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual's cognitive liberty or autonomy) requires.