Jurisprudence

We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and...

Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its...

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social,...

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by...

The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Eric Rakowski considers three types of problem which urgently require solutions - the distribution of...

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal...

This book represents the distinguished Sonnett lecture series sponsored by Fordham's Law School that has taken place for the last 45 years. In this collection, U.S. Supreme Court Justices, a Lord Chancellor of England, three Chief Justices of Ireland, a...

Choice Outstanding Academic Title for 2008 The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a &#"bypass" of...

This book is a comparative study of the tax systems of Germany and Japan. It is a considerably expanded version of Iizuka's previous monograph, Veritable Bookkeeping Records, which was important enough a contribution to comparative tax studies that it...

Law calls communities into being and constitutes the "we" it governs. This act of defining produces an outside as well as an inside, a border whose crossing is guarded, maintaining the identity, coherence, and integrity of the space and people within...

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 addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the...

Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication,...

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental...

When might an anarchist need a good lawyer? Why do radical activists committed to revolutionary change often have to work within the limits of the law? Can a judge also be an anarchist? This book is an exploration of a paradoxical, yet necessary,...

This timely book unravels race and emotion in the workplace—exploring why racial emotion is often left out of equity conversations and why we must confront it.Racial Emotion at Work is an invitation to understand our own emotions and associated behaviors...

When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical...

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal...

The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The...

Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable...

We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and...

The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time. The...

This book discusses the various judicial procedures available for remedying wrongs, whether against the state or the individual, in ancient Athens. It begins by identifying and describing the specific functions of the different judicial organs provided...

This book sets forth a novel theory of distributive justice premised on the fundamental moral equality of persons.ReviewsA provocative, well-argued, elegantly written book that will root out any complacency that a reader might have had about these...

The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's...

What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and...

What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly...

This book elaborates, illuminates, and illustrates a confident and attractive account of social and political liberalism in light of a rich understanding of flourishing and fulfilment rooted in a version of natural law theory. Examining issues in ethics,...

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of...

John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American...

Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and...

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt...

This is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the...

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does...

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 represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought,...

Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in...

T. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about...

The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings...

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international...