Methods, theory and philosophy of law

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin.

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference.

References to hate have become ubiquitous in the modern response to group defamation and violence in liberal democracies.

The essays in this volume answer to anxieties that the pragmatist tradition has had little to say about justice.

Jewish copyright law is a rich body of jurisprudence that developed in parallel with modern copyright laws and the book privileges that preceded them.

In this collection of essays -- a follow up to My Way and Our Stories -- John Martin Fischer defends the contention that moral responsibility is associated with "e;deep control.

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status?

Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years.

This volume collects thirteen of David Schmidtz's essays on the question of what it takes to live a good life, given that we live in a social and natural world.

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized.

The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law.

Of all the steps in the Supreme Court's decision-making process, only one is visible to the public: the oral arguments.

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy.

With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land.

John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers.

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice.

How can otherwise normal, moral persons - as citizens, voters, and jurors - participate in a process that is designed to take the life of another?

Feinberg is one of the leading philosophers of law of the last forty years.

In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them.

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past.

From the sex-free paradise of the Shakers to the worker's paradise of Marx, utopian ideas seem to have two things in common--they all are wonderfully plausible at the start and they all end up as disasters.

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

In the early 1980s, a new category of crime appeared in the criminal law lexicon.

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights.

What is the criminal law for?

Deference is perhaps the most important concept and practice in law.

Deference is perhaps the most important concept and practice in law.

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law.

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law.

Americans have a deeply ambivalent relationship to guns.

Americans have a deeply ambivalent relationship to guns.

Is morality fixed objectively, independently of all human judgment, or do we "e;invent"e; right and wrong?

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract.

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The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law.

Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities.

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law.

"e;Law and economics"e; involves the application of economic analysis to legal problems.

"e;Law and economics"e; involves the application of economic analysis to legal problems.

The Rule of Recognition and the U.

In recent years, philosophical discussions of free will have focused largely on whether or not free will is compatible with determinism.

Democratic states must protect the liberty of citizens and must accommodate both religious liberty and cultural diversity.

A constitutional order is a system of systems.

In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law.

Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack.

This book is the first study of late Hanafism in the early modern Ottoman Empire.

This book is the first study of late Hanafism in the early modern Ottoman Empire.

In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation.