Jurisprudence

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But...

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,...

Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what...

Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common...

Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all...

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law...

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...

Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic...

Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main...

Key Features:• Discusses the clinical and applied aspects of forensic medicine through illustrative case scenarios and reports.• Addresses the needs of clinicians and forensic medicine specialists in writing medico-legal reports for specific cases.•...

The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This...

A holistic approach to the intricacies of the criminal justice report writing system. Report Writing for Law Enforcement Professionals: From Dispatch to the Courtroom documents all aspects of the criminal justice system, from arrival at the scene of an...

Religious freedom is one of the most debated and controversial human rights in contemporary public discourse. At once a universally held human right and a flash point in the political sphere, religious freedom has resisted scholarly efforts to define its...

Federal and State Court Systems: Analysis of History Making Legal Precedent presents students with a collection of articles written by experts in the field that explore the formation of the legal system in the United States, as well as how the U.S...

Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and...

This book explains how the rule of law emerges and how it survives in nascent democracies.The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the...

Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even...

Americans claim to care about character. Over four fifths want it taught in public schools, and 95 percent think that a president's character is important. And historically, philosophers, educators, politicians, religious leaders, judges, and the general...

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between...

The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent...

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the...

Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of...

The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is, for some, ideology, for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure...

Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume...

This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and...

This edited volume provides, for the first time, a comprehensive account of theoretical approaches to international punishment. Its main objective is to contribute to the development of a consistent and robust theory of international criminal punishment...

The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be...

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds...

This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal...

According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before...

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and...

Reboots the debate on 'code as law' to present a new cross-disciplinary direction that sheds light on the fundamental issue of software legitimacy Reinvigorates the debate at the intersection of legal theory, philosophy of technology, STS and design...

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...

Hippocrene's Russian Pocket Legal Dictionary is the perfect portable reference for anyone who needs legal terms at their fingertips. It is designed to help communicate in real-life situations where it is vital to quickly find a legal term or phrase in...

Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is...

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid,...

This book explores the relevance of David Bowie's life and music for contemporary legal and cultural theory. Focusing on the artist and artworks of David Bowie, this book brings to life, in essay form, particular theoretical ideas, creative methodologies...

Modern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume, Niklas Luhmann, the theory's leading exponent, explores its implications for our understanding of law...

Law and economics has become a central course in U.S. legal education and for students majoring in topics like economics, political science, and philosophy. Cooter and Ulen provide a clear introduction to economic analysis and its application to legal...

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...