Jurisprudence

This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience,...

Outlawry and espionage would seem to be quite different phenomena, rarely discussed together, but this book shows that they have something in common - both involve exclusion from law. Challenging previous readings that view outlawry as a now-superseded...

Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? Bringing together an international range of legal scholars,...

Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial...

The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London...

It has been acknowledged for some years that the early onset of delinquency can predict a long and serious criminal career. Most resources are targeted at the teenage years but this book argues convincingly that more research and interventions should be...

This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the 'deep state' with intellectual and doctrinal coherence. ...

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens?...

This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in...

This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us...

The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect...

MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world,...

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within...

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide...

Applying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative...

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable...

Best known as a history of progress, Ancient Law is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase "from status to contract" familiar. His narrative...

Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a...

Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday...

Gavin Rae offers an original approach to sovereign violence by looking at a wide range of thinkers, which he organises into three models. Benjamin, Schmitt, Arendt, Deleuze and Guattari form the radical-juridical perspective; Foucault and Agamben the...

Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of...

The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice,...

American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism...

An authoritative review of foundational research in criminal justice. Forty Studies that Changed Criminal Justice, 2e presents a thorough yet concise summary of the major and influential research studies in the field of criminal justice...

This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany,...

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides...

Using gender and law in the political system of Jordan as a means of investigating broader issues surrounding the relationship between culture and political legitimacy, this volume offers an in-depth treatment of the laws that define, limit and expand...

Analyzing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the...

What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five...

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory...

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of...

There exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns...

For courses in computer crime.A complete, easy-to-understand introduction to computer crimeCyber Crime and Cyber Terrorism is a comprehensive introduction to the acts and theories of cyber crime, cyber terrorism, and information warfare. Assuming no...

This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. While accepting that foundational issues of religions weigh...

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective.The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right...

Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most...

Law and Aesthetics draws on the work of poets as well as philosophers. Taking as its starting point Shelleys assertion that poets are unacknowledged legislators,the book suggests that there is a way of thinking that, as yet, has not been taken up by...

Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology...

In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious...

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially...