Methods, theory and philosophy of law

Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high.

The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century.

This first analysis of Spinoza's philosophy of law shows that he revolutionizes modern philosophy from within by developing an entirely new natural law theory connecting his ontology to radically democratic political views.

The first to use Judith Butler's work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and politics analyzing their interrelation and explaining how they relate to Butler's question of how people can have more liveable and viable lives.

Examining state behavior, this book sheds light on the often-overlooked role of information production and diffusion in international law and relations.

Gottfried Wilhelm Leibniz was an outstanding contributor to many fields of human knowledge.

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

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology.

This collection discusses the concept of fraternity and examines the issue of its role in law.

Comprises biographical portraits of leading jurists and judges, assessing the influence of their Christianity.

What does the right to be oneself entail?

The problem of moral luck is that there is a contradiction in our common sense ideas about moral responsibility.

En este breve ensayo se analizan cinco cuestiones fundamentales para la comprensión de este elemento del tipo subjetivo: (a) la dimensión teórica del dolo eventual en la que se analizan los tres bloques teóricos más importantes: teorías volitivas, teorías cognitivas y teorías normativas; (b) el diagnóstico de la situación sobre la consistencia teórica del dolo eventual, lo que implica la valoración de las distintas teorías, tanto en sus fortalezas como en sus debilidades; (c) la caracterización de los elementos estructurales que intervienen en el dolo eventual.

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

While most authors frame problems at the intersection of law and science in terms of how rapidly scientific information changes and how frequently the legal system distorts science, this book argues that problems at the intersection of law and science flow not from the changing nature of science, but from the changing nature of law.

This book explores topical issues in military ethics by according peace a central role within an interdisciplinary framework.

An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.

This book revisits the theory of the sources of international law from the perspective of formalism.

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system.

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law.

This book presents a distinctive version of a contractarian approach to law and justice.

The essays selected for this volume focus on issues that arise when attempting to design, review and undertake research involving human participants who are experiencing a private or public emergency.

This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world.

Divine Violence looks at the question of political theology and its connection to sovereignty.

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

This book is about heroes of law.

This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism.

This title was first published in 2001.

This book offers a distinctive approach to the right not to be subjected to enforced disappearance.

This book is an account of the tension between the need for order and the desire for freedom during the tense years of the Weimar Republic.

Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels.

This volume explores the reasons for Hans Kelsen'slack of influence in the United States and proposes ways in which Kelsen sapproach to law, philosophy, and political, democratic, and internationalrelations theory could be relevant to current debates within the U.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view.

This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic.

When people disagree about justice and about individual rights, how should political decisions be made among them?

The philosophical inquiry of responsibility is a major and fast-growing field.

All five contemporary practitioners of the death penalty in the Association of Southeast Asian Nations (ASEAN)- Indonesia, Malaysia, Thailand, Singapore and Vietnam-- have performed executions on a regular basis over the past few decades.

In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

What is the ultimate task of law?

Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law.

This title was first published in 2003.

When talking about his film Salo, Pasolini claimed that nothing is more anarchic than power, because power does whatever it wants, and what power wants is totally arbitrary.

This book investigates how African authors and artists have explored themes of the future and technology within their works.

Originally published in 1989, in this remarkable conjunction of constitutional theory, jurisprudence, literary theory, constitutional law, and political theory, William Conklin first tells us what a constitution is not: it is not a text, nor a compendium of judicial and legislative decisions interpreting a text, nor a set of doctrines, nor moral/political values, nor customs, nor a priori conceptions.

Discusses the speeches in which the Pope Emeritus Benedict XVI reflected most explicitly on law, justice, democracy, and reason.

Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens.

This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.