This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated 'We'. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.' - Bernhard Waldenfels, Ruhr-University Bochum, GermanyLegal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: - bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) - develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between 'we' and 'the others' - presents a systematic account of normativity and validity - explains in what sense law is 'doing things with rules'. Contents: Preface Introduction 1. Legal Order 2. Justice, Rights and Human Dignity 3. Positive Law and Sovereign Authority 4. Legal Knowledge and Legal Doctrine: Validity of Law 5. Following the Law as Following a Rule Bibliography Index

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. It brings the moral and political links between wealth and power into clear focus.

The economic impact of the U. S. financial market meltdown of 2008 has been devastating both in the U. S. and worldwide. One consequence of this crisis is the widening gap between rich and poor. With little end in sight to global economic woes, it has never been more urgent to examine and re-examine the values and ideals that animate policy about the market, the workplace, and formal and informal economic institutions at the level of the nation state and internationally. Re-entering existing debates and provoking new ones about economic justice, this volume makes a timely contribution to a normative assessment of our economic values and the institutions that active those norms. Topics covered by this volumes essays range from specific or relatively small-scale problems such as payday lending and prisoners' access to adequate healthcare; to large-scale such as global poverty, the free market and international aid. Economic Justice will stimulate and provoke philosophers, policy makers, the engaged readers who and better outcomes from financial institutions and more effect distribution of economic goods. "

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory - including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre - address these questions in a timely and original way.

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

This yearbook focuses on law and its interdisciplinarity in India. It brings together scholars of law, economics, and policy to foster multidisciplinary thinking and analysis across subject areas. The contributors to this volume embody an interdisciplinary spirit through their academic experience and aim to bring to the fore unique suggestions for a better understanding of the law. The volume explores various key issues that are central to state policy demanded by a functioning democracy, in terms of democratic quality, aspirations and sustainability. It discusses global and social issues, such as foreign interference in domestic elections, feminism, and climate change and looks at other subjects such as economics, religion, history, literature from the perspective of law. A unique contribution to the study of law in India, this book will be an essential read for scholars and researchers of law, jurisprudence, political science, economics, public policy, sociology, social anthropology, the Indian Constitution, and South Asia studies.

This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely addresses how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory.

This book argues that the moral quality of an act comes from the agent's inner states. By arguing for the indispensable relevance of intention in the moral evaluation of acts, the book moves against a mainstream, 'objective' approach in normative ethics.

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law?
This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Hardbound. Research in Law and Economics is a highly respected source of proactive, original perspectives on law and economics. For the researcher, this latest volume offers a diverse set of papers, each one a constructive contribution. The papers address: how the Supreme Court can clarify and rationalize the payment of pre-judgment interest; what is meant or should be meant by economic efficiency; the length of various statutes of limitations for accident cases; implications of the court congestion hypothesis of Posner and Priest; the efficiency of medical malpractice insurance; and the effects of hospital competition on Medicaid share.

Winner of the 1998 European Award for Legal Theory European Academy of Legal Theory Monograph Series This book sets the significance of moral conflict as a core concern for contemporary theorising about law and legal reasoning. It asks whether liberal legal structures can adequately deal with moral conflict,or whether they fall prey to intellectual and professional techniques and interests which reduce the possibilities for meaningful dissensus. Concentrating on the meanings of moral conflict through an analysis of the work of Alasdair MacIntyre and Richard Rorty, it provides a defence of an 'agonistic liberalism' drawn from the work of Isaiah Berlin which puts conflict over values at the heart of its critical concerns. But in so doing, and drawing on writers from a variety of intellectual positions, including enlightenment, postmodern and feminist analyses, it argues that the practices and presuppositions of liberal legalism - exemplified in writers such as Ronald Dworkin, Neil MacCormick and Robert Alexy - must be challenged as failing to live up to the aspirations of the agonistic liberal theory.

This book addresses two main questions. Can political theology be overcome? And, is what today - in referring to neoliberalism and its genealogy - many define as "economic theology" truly an alternative to political theology, as Foucault has claimed and as Agamben does today? As a first step, the book addresses and clarifies various misunderstandings about the notion of political theology, in its multiple and even opposite meanings. It then focuses on a conceptualisation inaugurated by Carl Schmitt, which sees political theology as the eloquent matrix of modern politics: insofar as the latter produces and continuously re-elaborates an "excess" that does not belong to it, its core remains theological-political, although secularised. The bulk of the book then pursues a reading of the analogic connection between juridico-political concepts and theological-metaphysical concepts; arguing that, although the 'turn' to economic theology is indeed another form of political theology, it is a deeply anti-political one, which forecloses modes of resistance. The book will be of interest to scholars, researchers and advanced students in the fields of modern political and legal philosophy and those researching the crisis of its legacy. In particular, it is addressed to those who study the relationship between theology (and its substitutes, such as hegemony and political myth) and politics, power and law, legitimacy and legality, in the perspective of secularization. In addition, the book offers a contribution to contemporary critical studies on the neoliberal state and the return of the "state of exception" in democracies, as well as a questioning of the moralization of law, which is an effect of globalist ideology and the "humanitarian turn" after 1989.

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

This book is the first Western-language monograph on the study of the Qingshui River manuscripts. By examining over 3,000 contracts and other manuscripts, this book offers constructive insights into the long-standing question of how and why a society in late imperial China could maintain a well-functioning social system with few laws but many contracts, i.e., Hobbesian "words without sword." Three interrelated questions, what contracts were, how and why they worked, are explained successively. Thus, this book presents a non-stereotypical "contract society" in southwest China, arguing that the social order which provides predictability and regularity for economic prosperity could be formed and maintained through contracts even under the condition of relatively weak influence of governmental and legal authorities. This book benefits readers who are interested in law, society, and history. While presenting the socio-legal landscape of a frontier area in late imperial China for historians, this book provides a novel and empirical interpretation of the supposedly well-known contract device for legal researchers, thereby proposing materials for an integrated theoretical explanatory framework of contracts in general. By employing the innovative theory of blockchain in its key argumentation, the book offers a creative interpretation of historical and social phenomena.

This open access book presents a comparative analysis of the use of fatherland terminology in a political and legal context in Julich, Hesse-Cassel and Brittany from 1642 to 1655. Fatherland terminology includes words such as patria, patriot and nation. In historiography, the use of these words by the nobility is often interpreted as an early sign of nationalism that conflicted with the prince's initiation of state-building. The book argues that neither 'states' nor 'nationalism' truly existed yet; rather, the political arena was dominated by dynasties. Further, it rejects the notion of deliberate state-building and demonstrates that the nobility used this terminology to object to princely politics as part of adopting a "presupposed office." This status allowed the nobility to place itself outside the ruler-subject constellation and critique the situation. The Duchy of Julich and the Landgraviate of Hesse-Cassel are used as examples of small economies of scale with homogenous nobilities, and ones where the Thirty Year's War hit hard - which led to the illegal levying of taxes and the billeting of soldiers, and in turn to the nobility critiquing princely politics. In contrast, the Duchy of Brittany, with its large economy of scale and heterogeneous nobility, found an alternative way of pursuing its interests and keeping taxes as low as possible. The goal of this book is to discuss and present three representative cases that offer insights into how the nobility safeguarded the welfare and prosperity of the fatherland and its inhabitants.

Most books on post-war political philosophy focus on Rawls only: this books includes a thorough introduction to topics and thinkers often omitted, such as Hannah Arendt and Karl Popper on totalitarianism Alan Haworth is already well-known for his excellent introduction to political philosophy, Understanding the Political Philosophers (second edition, 2912, Routledge) Blends analysis of key thinkers and key concepts and themes, whereas most books concentrate on one or the other

The volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women's knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology.

Calls for redress of historical wrongs regularly make headlines around the world. People dispute the degree to which justice should be concerned with righting past wrongs, with some arguing that justice should be primarily focused on claims arising from present disadvantage. Proponents and sceptics of restitution, compensation, and other forms of historical redress have engaged with the thesis that historical injustice can be superseded, the idea that changing circumstances following historical injustices can alter what justice later requires. The "supersession thesis," developed by legal and political philosopher Jeremy Waldron, has been challenged, both conceptually and in terms of its possible application and implications. This is the first book to critically assess how the supersession thesis might be reconstructed, challenged, or applied to empirical cases, with an eye toward larger questions surrounding the temporal orientation of justice. Cases examined include Indigenous peoples, linguistic injustice, and climate change. The edited volume includes contributions by established and junior scholars from philosophy, law, American Indian Studies, and political science, who draw from Indigenous thought, settler colonial theory, liberalism, theories of historical entitlements, and structural injustice theories. It concludes with a reply by Jeremy Waldron. The chapters in this book were originally published as a special issue of Critical Review of International Social and Political Philosophy.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars."

Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.

This book offers a multidisciplinary account of the 'rule of law' as a central pillar of the classical liberal tradition. The authors analyze the original meaning of this expression as first introduced by British jurist A. V. Dicey, before examining its subsequent elaboration by Leoni, Fuller, Hayek and Oakeshott. Addressing the main philosophical and legal aspects of the rule of law, this volume will appeal to all those engaged in law, political theory, philosophy, economics, business ethics, and public policy.

Criminal Justice Policy is an authoritative collection of previously published writings addressing the most important issues which have dominated the field during the past fifteen years.Topics covered include: international perspectives on the extent and nature of crime; theoretical explanations for the onset, escalation and termination of criminal behaviour; the social context of crime; evaluating alternative crime policy options; crime control policy and the future. Criminal Justice Policy should be required reading for community leaders, for policymakers at all levels of government and for members of the general public actively interested in creating more effective crime policies.

This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region. The book is a significant contribution to our ability to understand the work and perspectives of jurists and their effect on legal development in Latin America. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification, through national public law and constitutional law, to international developments that left their mark on the region and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians in various countries of the region looking at the jurist's particular merits, contributions to law in general, religious perspective, and importance within the specific country and period under consideration. Giving the work a diversity of international and methodological perspectives, the chapters have been written by distinguished legal scholars and historians from Latin America and around the world. The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians among other readers will find, for the first time in English, authoritative treatments of the region's essential legal thinkers and authors. Students and other who may not read Spanish will appreciate these clear, accessible, and engaging English studies of the region's great jurists.

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.