The role of the judiciary is constantly evolving and is in many ways more important than ever. Indeed, many argue that the sovereignty of parliament is eroding and being replaced by the respective power of judges. The Jackson Reforms of 2010, for example, saw judges bestowed with more power over case and budget management than ever before. Equally, courtrooms are transforming under the weight of technological innovation and the increasing presence of litigants in person. Stemming from a series of lectures arranged by the Judicial College on the theme of 'Being a Judge in the Modern World', this book provides a survey of many significant aspects of the modern judicial role. With contributions from some of the most senior judges in the UK and beyond, this collection provides a unique and firsthand insight into the development of the legal system and the challenges faced by today's judiciary. Additional contributions from the realms of journalism and civil liberties offer an external perspective and provide a wider context to the judicial voices.

This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative issues--civil justice reform, judicial salaries, habeas corpus reform, and judicial bureaucratization--the book illuminates the ways in which the judges' self-interested actions affect the courts and society. Judicial self-interest is not portrayed here as bad or even unexpected, but as a motivational factor of significance for government, law, and society that should be recognized and harnessed appropriately.

Thepresentbookisbasedonthelecturesdeliveredbytheauthorinthepastfew yearsaspartoftheCriminalLawcourseoftheFacultyofLawattheOnoAcademic College. There has been little research on the principle of legality in modern criminallaw,althoughthisisoneofthemostancientlegalprinciplesofhuman society. In recent generations there have been several attempts to de?ne the principleconclusively,butonlywithregardtosomeofitsaspects. Nocompreh- sivede?nitionoftheprincipleoflegalityhasbeenattemptedtodate. Aconclusivede?nitionoftheprincipleoflegalityincriminallawrequiresboth anaccurateinward-lookingde?nitionoftheprincipleitself,andanoutward-lo- ingtreatmentofitsrelationwithcriminallawtheory. Onlyacoherenttheorythat includestheprincipleoflegalityasanintegralpartofcriminallawtheorycando justicetotheprincipleoflegality. Thisviewisconsistentwiththescienti?cconcept oflaw,whichregardsthelawaspartofscience. AModernTreatiseonthePrincipleofLegalityinCriminalLawisthereforea scienti?ctreatiseononeofthefourprinciplesofthecriminallaw. Thepresent treatiseisdividedintosixparts,accordingtothescienti?cunderstandingofthe principleoflegalityincriminallaw. Chapter1explorestherelationbetweenthe principleoflegalityandthegeneraltheoryofcriminallawinthecontextofthe structureandthedevelopmentoftheprincipleoflegalityinhumansociety. This chapter outlines the four secondary principles of the principle of legality, and describesthemingeneralterms. Chapters 2-Thepresentbookisbasedonthelecturesdeliveredbytheauthorinthepastfew yearsaspartoftheCriminalLawcourseoftheFacultyofLawattheOnoAcademic College. There has been little research on the principle of legality in modern criminallaw,althoughthisisoneofthemostancientlegalprinciplesofhuman society. In recent generations there have been several attempts to de?ne the principleconclusively,butonlywithregardtosomeofitsaspects. Nocompreh- sivede?nitionoftheprincipleoflegalityhasbeenattemptedtodate. Aconclusivede?nitionoftheprincipleoflegalityincriminallawrequiresboth anaccurateinward-lookingde?nitionoftheprincipleitself,andanoutward-lo- ingtreatmentofitsrelationwithcriminallawtheory. Onlyacoherenttheorythat includestheprincipleoflegalityasanintegralpartofcriminallawtheorycando justicetotheprincipleoflegality. Thisviewisconsistentwiththescienti?cconcept oflaw,whichregardsthelawaspartofscience. AModernTreatiseonthePrincipleofLegalityinCriminalLawisthereforea scienti?ctreatiseononeofthefourprinciplesofthecriminallaw. Thepresent treatiseisdividedintosixparts,accordingtothescienti?cunderstandingofthe principleoflegalityincriminallaw. Chapter1explorestherelationbetweenthe principleoflegalityandthegeneraltheoryofcriminallawinthecontextofthe structureandthedevelopmentoftheprincipleoflegalityinhumansociety. This chapter outlines the four secondary principles of the principle of legality, and describesthemingeneralterms. Chapters 2-5 discuss in detail each of the four secondary principles of the principleoflegality. Chapter 2discussesthelegitimatesourcesofthecriminal norm,Chap. 3discussestheapplicabilityofthecriminalnormintime,Chap. 4 discussestheapplicabilityofthecriminalnorminplaceandChap. 5discussesthe interpretationofthecriminalnorm. Eachofthefourchaptersconcludeswitha discussionofthecon?ictoflawsissuesrelevanttothesecondaryprincipleunder investigation. Finally,Chap. 6addressestheproblemofthecon?ictoflawswithin thecon?ictsoflawsandroundsoutthediscussion. ix x Preface IwishtothankOnoAcademicCollegeforsupportingthisproject,andespecially DeanofthefacultyoflawandvicechairmanDudiSchwartzforhisstaunchsupport onsomanyimportantoccasions. IthankGabrielLanyiforhiscommentsandAnke SeyfriedofSpringerHeidelbergforguidingthepublicationofthebookfromits inceptiontoitsconclusion. Finally,Iwishtothankmywifeanddaughtersforthe helpfuldiscussionsandsupporttheyofferedalongtheway. KiryatOno,June2010 GabrielHallevy Contents 1 TheMeaningandStructureofthePrincipleofLegality inCriminalLaw ...1 1. 1 TheRoleofthePrincipleofLegalityintheCriminal LawTheory ...1 1. 1. 1 TheBasicStructureofCriminalLawTheory ...1 1. 1. 2 TheBasicStructureofthePrincipleofLegality inCriminalLaw ...5 1. 2 DevelopmentofthePrincipleofLegalityinCriminalLaw andItsModernJusti?cations ...8 2 TheLegitimateSourcesoftheCriminalNorm ...15 2. 1 TheStructureoftheCriminalNormandItsIdenti?cation ...16 2. 1. 1 ValidConditionalClauses ...16 2. 1. 2 CriminalSanction ...17 2. 1. 3 Classi?cationofOffencesBasedonContent ...18 2. 2 TheLegalSourcesoftheCriminalNorm ...20 2. 2. 1 GeneralPrinciples ...20 2. 2. 2 LegalSources ...33 2. 3 Con?ictofLawsBasedonLegitimateSources oftheCriminalNorm ...46 3 ApplicabilityoftheCriminalNorminTime ...49 3. 1 BasicDistinctions ...49 3. 1. 1 DistinctionBetweenProceduralandSubstantive CriminalNorms ...50 3. 1. 2 DistinctionBetweenRelevantPointsinTime ...51 3. 1. 3 DistinctionBetweenContinuous,Temporary, andFragmentedCriminalNorms ...55 3. 1. 4 DistinctionBetweenMitigatingandAggravating CriminalNorms ...56 xi xii Contents 3. 2 ApplicabilityoftheProceduralCriminalNorminTime ...58 3. 2. 1 TheGeneralRule ...58 3. 2. 2 ApplicationoftheRule ...61 3. 3 ApplicabilityinTimeoftheSubstantiveCriminalNorm ...67 3. 3. 1 TheGeneralRule ...67 3. 3. 2 ApplicationoftheRule ...71 3. 4 Con?ictofLawsBasedonApplicabilityoftheCriminal NorminTime ...78 4 TheApplicabilityoftheCriminalNorminPlace ...81 4. 1 TheBasicDistinctions ...81 4. 1. 1 DistinctionBetweenApplicabilityandJurisdiction inCriminalLaw ...

Exploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions - and their legal consequences - in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists' assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the 'new international legal positivism'; Hartian legal positivism and the 'normative positivist' account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney's knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client's interests. Those decisions, in turn, largely determine a case's course and outcome.

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart's contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart's jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart's achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart's insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart's thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.

This work is part of a series focusing on research into law and economics. It discusses a variety of topics in the field.

Presenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.

To a certain extent, this book is a translation of Recht, verhaal en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters 1, 5 and 9, however, differ considerably from the original. At the basis of the Dutch book were arguments already submitted in 'Narrative coherence in legal contexts', in C. Faralli and E. Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity', in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65; 'Narrative coherence and the guises of legalism', in P. Nerhot (ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute Facts', in The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 4, 1991, pp. 279-308. For chapters 1 and 9 I used the following materials: 'Law is narrative, not literature', in W.l. Witte- veen (ed.), Law, Rhetoric and Literature (Special Issue of the Dutch Jour- nal for Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp. 228-229); and 'Seeing Places: On Prepositions in Law', The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 6, 1993, pp. 249-270. Chapter 5 was rewritten on the basis of 'The Instituting of Brute Facts'.

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Avila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin (national, international, community) and multiple in nature (legal, contractual, jurisprudential). They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? "(...) it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method." (Riccardo Guastini, Professor of Jurisprudence, University of Genoa, Italy)

Trust is pervasive in our lives. Both our simplest actions - like buying a coffee, or crossing the street - as well as the functions of large collective institutions - like those of corporations and nation states - would not be possible without it. Yet only in the last several decades has trust started to receive focused attention from philosophers as a specific topic of investigation. The Routledge Handbook of Trust and Philosophy brings together 31 never-before published chapters, accessible for both students and researchers, created to cover the most salient topics in the various theories of trust. The Handbook is broken up into three sections: I. What is Trust? II. Whom to Trust? III. Trust in Knowledge, Science, and Technology The Handbook is preceded by a foreword by Maria Baghramian, an introduction by volume editor Judith Simon, and each chapter includes a bibliography and cross-references to other entries in the volume.

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism and critical race theory, the challenges of digital technology and the emergence of new legal subjects. Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.