Jurisprudence

What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781621389316Author Valentin TombergFormat PaperbackPage Count 184Imprint Angelico PressPublisher Angelico PressWeight(grams) 240gDimensions(mm) 216mm *...

Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781933859460Author Russell HittingerFormat PaperbackPage Count 380Imprint ISI BooksPublisher Regnery Publishing Inc

This book elaborates and defends the idea of law without the state. Animated by a vision of peaceful, voluntary cooperation as a social ideal and building on a careful account of non-aggression, it features a clear explanation of why the state is...

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has...

In Law by Night Jonathan Goldberg-Hiller asks what we can learn about modern law and its authority by understanding how it operates in the dark of night. He outlines how the social experience and cultural meanings of night promote racialized and gender...

Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this...

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority...

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining...

For decades, framing an issue as a 'human rights' issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist...

There is a memorable line by ancient Greek poet Archilochus: 'The fox knows many things, but the hedgehog knows one big thing.' Drawing on this metaphor made popular by Isaiah Berlin, this book sets out to 'think like a fox' about transitional justice in...

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution...

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific...

Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse...

Brain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially...

In the aftermath of mass conflict how is it possible to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions? This study explores the connections between transitional justice and visual art in order to answer...

China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and...

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any...

This book delves into legal and ethical concerns over the increased weaponization of outer space and the potential for space-based conflict in the very near future. Unique to this collection is the emphasis on questions of ethical conduct and legal...

This book presents a set of related studies aimed at showing key points of intersection and common interest between jurisprudence and socio-legal studies, which are otherwise typically considered distinct fields. It reflects and draws on the author's...

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the...

Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.Costas Douzinas...

The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or...

This book re-imagines law as ecolaw.The key insight of ecological thinking, that everything is connected to everything else - at least on the earth, and possibly in the cosmos - has become a truism of contemporary theory. Taking this insight as a...

John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of...

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It...

It is unusual, in the precise world of law, to find instances of where 'near enough is good enough'. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-pres doctrine...

Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe...

In the midst of intense religious conflict in the late sixteenth and early seventeenth century, theological and political concepts converged in remarkable ways. Incited by the slaughter of French Protestants in the Saint Bartholomew's Day Massacre,...

This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To...

This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal...

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...

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility...

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered,...

The human world is changing. Old social structures are being overwhelmed by forces of social transformation which are sweeping across political and cultural frontiers. A social animal is becoming the social species. The animal that lives in packs and...

This book investigates law's interaction with practical reasons. What difference can legal requirements-e.g. traffic rules, tax laws, or work safety regulations-make to normative reasons relevant to our action? Do they give reasons for action that should...

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still...

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are...

180 Practice Drills for the LSAT includes over 5,000 questions to help you practice the skills you need to improve your score. Every LSAT question tests skills in combination. When you get a question wrong, how do you pinpoint which of those skills was...