Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work.
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.
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.
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings.
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings.
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society.
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society.
Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration.
Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration.
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century.
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century.
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity.
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity.
In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman.
In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman.
Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life.
Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life.
Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots.
Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots.
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak.
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak.
Whilst feminist philosophy has frequently engaged with political theory, this original book instead considers legal theory and the practical operation of law.
Whilst feminist philosophy has frequently engaged with political theory, this original book instead considers legal theory and the practical operation of law.
Debate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies.
Debate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies.
Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts.
Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts.
The essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks.
The essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks.
