Jurisprudence

This is the first edited volume on the work of essential critical legal theorist Costas Douzinas. It brings together his collaborators, students and contemporaries in legal critique to reflect on different aspects of his oeuvre and to celebrate his...

Examines the primary texts of the common law as visual and aesthetic artefacts.

In Matterphorics, Daniela Gandorfer challenges modernist legal theory's separation of concepts from matter, developing a mode of theory attuned to indeterminacy, relationality, and material entanglement. Gandorfer offers a method for generating legal...

In Matterphorics, Daniela Gandorfer challenges modernist legal theory's separation of concepts from matter, developing a mode of theory attuned to indeterminacy, relationality, and material entanglement. Gandorfer offers a method for generating legal...

Long sidelined in legal discourse, natural law is undergoing a major resurgence in the United States, with dozens of books and articles on the topic, and several sitting judges referring to it in judicial decisions or legal writings. Yet its century-long...

In the fourth volume of the Vienna Lectures on Legal Philosophy, scholars in contemporary jurisprudence and constitutional theory discuss who gets to decide and who gets to act when constitutional law is silent or fundamentally controversial.It is the...

In this provocative book, Bartosz Biskup advocates for a reform of the right to marry, arguing that this right should extend beyond romantic or sexual couples to include any relationship that provides care and support.Through philosophical and legal...

This highly informative Advanced Introduction explores a range of private law theories, highlighting the ways in which they affect the legal building blocks of social life, with a particular focus on property, contracts and torts.Hanoch Dagan analyses...

This highly informative Advanced Introduction explores a range of private law theories, highlighting the ways in which they affect the legal building blocks of social life, with a particular focus on property, contracts and torts.Hanoch Dagan analyses...

The contemporary landscape of transnational political economy is dominated by networks. Public and private networks, and networks that combine public and private actors, cross borders, exert regulatory power and their activities often harm third parties...

From A Realist Point of View combines new essays with revised versions of the most important recent work of preeminent legal realist Brian Leiter. This collection offers a systematic and philosophically ambitious account of legal realism and links it,...

This book examines how, in response to crises, law tends to construct singular 'events' that obscure the underlying structural causes that any adequate response needs to acknowledge and address. Litigation is the main legal process that constructs events...

This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based...

This book offers a radical new understanding of law, beyond the confines of its formalization by the state.The book takes off from the late work of Gilles Deleuze and Michel Foucault, for whom law and its institutions came to be liberated from an...

This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism.For pragmatists, experience is everything; they argue against understanding the world through any abstraction,...

This book advocates for a novel doctrine of 'total lawfare' as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of 'limited lawfare' in the context of modern geopolitical conditions. It...

This book examines the importance of flat ontologies for law and sociolegal theory. Associated with the emergence of new materialism in the humanities and social sciences, the elaboration of flat ontologies challenges the binarism that has maintained the...

This book defends the relational approach to law from the perspective of human action.The book begins by exploring how what we take to be law is constituted through the lens of either rational or reasonable conduct. Having examined reasonableness as the...

What does it take for someone-or something-to count as a legal person? Is it a matter of biology, ideology, or both?This book explores how societies determine who or what qualifies as a legal person, from individual humans to corporations, from...

The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a...

This book is the first collection of essays on Bernard Williams' moral and political philosophy to shed light on the nature of law, and key legal concepts. By the time of his death in 2003, Williams was widely regarded as the most important moral...

This new edition of the landmark text Law and Society exposes readers to the dominant theoretical perspectives and sociological methods that are used to explain the interplay between law and society. This thirteenth edition continues to preserve...

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation...

This book examines how legal professionals both engage with and challenge institutional frameworks trhough various perspectives, including Islamic, Catholic, Protestant, anti-theist, common law, and civil law traditions. Additionally, it offers a timely...

The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or...

The book provides an original and captivating perspective on international law and Giorgio Agamben’s work. The manuscript is profoundly aesthetic-textual in its approach, as exemplified in its deft and insightful close readings of drama (Goethe’s Faust),...

A wide-ranging intellectual history of the Critical Legal Studies Movement, drawing from personal accounts, academic works, and the media. The Rise and Fall of Critical Legal Studies unpacks Critical Legal Studies (CLS) to address what CLS was, how it...

This insightful book examines the U.S. Supreme Court in a broad historical context, concentrating on the influence of political movements, military and economic developments, the arts and technology on the law and vice versa. Exploring major case law in...

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...

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...

'Hard times is a scalar description that can cover a wide range of states of affairs, from the erosion of "rule of law" legal and institutional settings to new challenges for the judiciary, such as the supranational practice of judging or political and...

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...

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...

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority "What are the chances that, in 2024, a new book could fundamentally reorient...

This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR...

This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious...

This book contains the first English translations of Santi Romano's important essays, 'On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria' (1909) and 'The Modern State and its Crisis' (1910).Before Santi...

This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a...

This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal...

This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal...