Springer Netherlands, 2011. — 221 p. This book is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations...
Edward Elgar, 2021. — 200 p. Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful...
Oxford University Press, 2010. — 159 p. At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and,...
Peter Lang, 1998. — 277 p. A Sceptical Theory of Morality and Law aims ultimately to cast light on some contentious issues in the philosophy of law, including the nature of rights and of judicial interpretation. The answers one gives, however, rest on the moral theory one finds most convincing. The first part of this book gives a sustained defence of a sceptical moral theory...
JAI Press, 2005. — 168 p. This special volume of "Studies in Law, Politics, and Society" takes up a subject of an enormous import for law and legal scholarship, Guilt. At the center of our belief in law is the hope and expectation that law can differentiate the guilty from the innocent. But as the articles in this volume show law's relationship to guilt is more complex and...
Hart Publishing, 2020. — 215 p. Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the...
Edward Elgar Publishing, 2020. — 529 p. — (Research Handbooks in Law and Society). This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa,...
Macmillan Education, 2014. — 239 p. Studying Law introduces students to the fundamental legal skills that they will need to successfully study the subject, such as case analysis, legislative interpretation, problem solving and essay writing, and to the core Law subjects themselves and the distinctions between them. Concise and engaging, this book provides students of law with...
Springer Netherlands, 1998. — 205 p. Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory...
Oxford University Press, 2023. — 400 p. This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted...
Hart Publishing, 2002. — 245 p. This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is...
Springer Netherlands, 1997. — 257 p. Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory...
Springer, 2007. — 168 p. This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the...
Springer Netherlands, 2007. — 154 p. This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. The first object of investigation is the phenomenon of interpretation in Law in order to understand that...
University of Toronto Press, 2006. — 447 p. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.
Springer International Publishing, 2015. — 290 p. The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and...
Cambridge Scholars Publishing, 2010. — 475 p. What makes the rule of law so special that it is to conscientiously punish the bad doers and reward the good ones such that, where there is the rule of law, peace and order are to be expected, so that the rule of law is better than the rule of any individual? Take the case of international law, as an illustration. While different...
Routledge, 2010. — 195 p. Based on sophisticated demographic analysis, Legal Construct, Social Concept argues that legal doctrine on social issues is shaped by the needs and values of society rather than by individuals and interest groups and that it evolves in response to social change but has little impact on that change. The book also explains why a substantial body of...
Routledge, 2014. — 259 p. One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that...
Hart Publishing, 2016. — 270 p. This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the...
Hart Publishing, 2007. — 550 p. Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on...
Cambridge University Press, 2022. — 448 p. This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a...
Springer Netherlands, 2014. — 272 p. This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this...
Berghahn Books, 2009. — 280 p. The Power of Law in a Transnational World raises questions about how law is mobilized and who has the power and authority to construct its meaning. It also examines how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. These questions are addressed in ways that offer fresh...
Springer, 2021. — 192 p. This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by...
Hart Publishing, 2011. — 335 p. H.L.A. Hart once argued that a theory suppressing the normative component of law "fails to mark and explain the crucial distinction between mere regularities of human behavior and rule-governed behavior." This is a serious drawback for a theory of law, since an important part of the legal domain is concerned with rule-governed conduct and may be...
Hart Publishing, 2009. — 307 p. This book focuses on a specific component of the normative dimension of law, namely, law’s normative claim. By ’normative claim,’ meaning the claim that, inherent in the law, is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy. It...
Springer Netherlands, 2011. — 304 p. In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and common-sense knowledge. A central theme in the...
Hart Publishing, 2007. — 405 p. Consent features pervasively in both moral and legal discourse as a justifying reason. Stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of...
Ashgate, 2011. — 265 p. In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which...
Edward Elgar, 2021. — 274 p. Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars,...
Springer Netherlands, 2009. — 464 p. Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars...
Stanford Law Books, 2015. — 295 p. The Expanding Spaces of Law presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law–space–power...
Routledge/GlassHouse, 2022. — 217 p. In the context of the technological disruption of law and, in particular, the prospect of governance by machines, this book reconsiders the demand that we should respect the law, simply because it is the law. What does ‘the law’ need to look like to justify our respect? Responding to this question, the book takes the form of a dialectic...
Brill, 2021. — 320 p. — (Historical Materialism 214). On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today. To this end, the works of Franz Neumann, Otto...
Cambridge Scholars Publishing, 2016. — 237 p. This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters...
Hart Publishing, 2014. — 461 p. This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by...
Routledge, 2023. — 387 p. The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system. The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the...
Springer, 2021. — 252 p. This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the...
Springer Netherlands, 2013. — 221 p. This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final...
Wiley-ISTE, 2022. — 370 p. This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide...
Routledge, 2020. — 228 p. This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical...
Cambridge University Press, 2013. — 257 p. After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses the universalistic orientation of social theory and explains its origins in natural law theory, using an impressive array of classical and contemporary...
Springer International Publishing, 2019. — 279 p. This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter...
Springer Netherlands, 2000. — 228 p. This book examines in some detail how our concepts of an ideal or "universal" audience influence legal argument. It shows how asking what are the arguments and what are the forms of argumentation that we believe would be accepted by such an audience is a useful analytical tool. The book explores what, if any, are the constraints that our...
Hart Publishing, 2008. — 92 p. In April 2007 COMBAR held its annual meeting in conjunction with the University of Richmond, Virginia. The timing of the meeting was designed to form part of the celebrations of the 400th anniversary of the signing of the Virginia Charter and the founding of Jamestown. The conference which was conducted at the meeting took as its topic The Rule of...
Hart Publishing, 2016. — 316 p. In his seminal work on Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making, and individual success than is commonly acknowledged. The importance of emotion to the human experience cannot be denied, yet the relationship...
Springer Netherlands, 2009. — 228 p. Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is...
Springer Netherlands, 2007. — 700 p. Costa and Zolo share the conviction that a proper understanding of the rule of law today requires referring to a global problematic horizon. It seems unavoidable to investigate into the relationship between Europe and the United States, on the one hand, and the ‘rest’ of the world, on the other. Over the last centuries this relationship...
Routledge, 2006. — 208 p. This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the...