Methods, theory and philosophy of law

Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students?

In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime.

This book explores a central question of moral philosophy, addressing whether we are morally responsible for certain kinds of actions, intentional omissions, and the consequences deriving therefrom.

From Dan Quayle's attack on TV's Murphy Brown for giving birth out of wedlock, to the referendum recently passed in Colorado that forbid local communities from enacting non-discrimination laws for sexual orientation, the public furor over issues of same-sex marriages, gay rights, pornography, and single-parent families has erupted with a passion not seen since the 1960s.

In this volume, Gregory Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as in the law in general.

Attempting to realize Plato's vision of a republic governed by "e;reason,"e; American constitutionalists, according to Steven D.

This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal.

The Islamic regime that came to power after the 1978-79 Iranian revolution justified the rule of the Ayatollah Khomeini, and the Shi'ite imams in general, on the basis of the doctrine that the Islamic jurist is best suited to rule with justice in an Islamic country.

This book provides an interdisciplinary examination of international law by addressing four critical questions: How are international legal rules distinctive?

The economically deprived come into contact with the criminal court system in disproportionate number.

In Jurismania, Paul Campos asserts that our legal system is beginning to exhibit symptoms of serious mental illness.

Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such.

This book explains what inalienable rights are and how they restrict the behavior of their possessors.

Proof is the property of a disputed fact being established inferentially from an extant fact.

Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales.

This book explores the concept of human rights as constructed in language, shedding light on discursive and professional practices at the European Court of Human Rights (ECtHR), as differentiated from other judicial institutions offering human rights defence mechanisms.

This is the eighth volume of Oxford Studies in Political Philosophy.

This is the eighth volume of Oxford Studies in Political Philosophy.

Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world.

Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world.

Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: What does it mean to be an agent?

Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: What does it mean to be an agent?

Customary international law is one of the principal sources of public international law.

Customary international law is one of the principal sources of public international law.

Along with treaties, custom is one of the sources of international law.

Along with treaties, custom is one of the sources of international law.

This title explores the normative foundations of European contract law.

This title explores the normative foundations of European contract law.

This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory.

This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory.

This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law.

This is the seventh volume of Oxford Studies in Political Philosophy.

This is the seventh volume of Oxford Studies in Political Philosophy.

Winner, Matei Calinescu Prize, Modern Language AssociationWinner, 2021 Modernist Studies Award, Modernist Studies AssociationLong before the US Supreme Court announced that corporate persons freely "e;speak"e; with money in Citizens United v.

Winner, Matei Calinescu Prize, Modern Language AssociationWinner, 2021 Modernist Studies Award, Modernist Studies AssociationLong before the US Supreme Court announced that corporate persons freely "e;speak"e; with money in Citizens United v.

Mental illness is an issue of great practical importance.

Mental illness is an issue of great practical importance.

Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression.

Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression.

Labour and the Wage: A Critical Perspective offers a new perspective on why labour law struggles to respond to problems such as low pay and under-inclusive employment.

Choice is a key concept of our time.

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability.

This title recounts the transformation of Europe from the post-war era until the Euro-crisis, using the tools of constitutional analysis and critical theory.

The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law.

The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law.

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally.

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally.

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete.

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete.

What defines the social practices we currently call norms?