Jurisprudence

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...

In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges...

This title presents a diverse array of articles on the social sciences, humanities, and law.Book InformationISBN 9780762307463Author Austin SaratFormat HardbackPage Count 254Imprint JAI Press Inc.Publisher Emerald Publishing LimitedWeight(grams)...

Justice systems increasingly rely on expert evidence. We are therefore obliged to justify the courts' ability to assess this evidence, especially when the courts must resolve disagreements between experts or address possible bias. By reintegrating...

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...

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book,...

Long regarded by US legal scholars as uninteresting, private law theory has received renewed attention in the United States and around the world. Yet, even amid this scholarly revival, private law is still too often reduced to the more traditional...

This book examines how science fiction informs the legal imagination of technological futures.Science fiction, the contributors to this book argue, is a storehouse of images, tropes, concepts, and memes that inform the legal imagination of the future,...

Over ten million people are incarcerated throughout the world, even though punishment theorists have struggled for centuries to morally justify the practice. Theorists usually address criminal justice under abstract, idealized conditions that assume away...

Human rights movements and organizations all over the world cite the pursuit and preservation of dignity as one of their goals, but the legal implications of this term are highly contested. In Dignity and Judicial Authority, Rachel Bayefsky offers a...

Hussain analyses the uses and the history of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. His study focuses on British colonialism in India from the late eighteenth to the early twentieth century...

On Trial is an exegesis on legal reason, moral judgment, political life, and the events that give them meaning. Beginning with the serpent in the Garden of Eden and ending with O. J. Simpson, esteemed thinker George Anastaplo offers students, scholars,...

Gun Present takes us inside the everyday operations of the law at a courthouse in the Deep South. Illuminating the challenges accompanying the prosecution of criminal cases involving guns, the three coauthors-an anthropologist, a geographer, and a...

The notion of form-of-life refers to a living dimension that has overthrown the structures of power in which humans are supposedly destined to live, disclosing the possibility of a new understanding of political and legal life. By placing the...

This book introduces a novel puzzle, the 'Lorry Driver Paradox', to advance our understanding of moral responsibility beyond current paradigms, to connect moral philosophy and legal scholarship in new ways, and to break new ground in the ethics of AI...

Using the forest as a thematic device, Clark and Page explore the tensions that pervade our propertied relationships; between commodity and community, abstraction and context, and private enclosure and the public square. They draw on a range of case...

Gun Present takes us inside the everyday operations of the law at a courthouse in the Deep South. Illuminating the challenges accompanying the prosecution of criminal cases involving guns, the three coauthors-an anthropologist, a geographer, and a...

Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality.Social...

This book tells the dramatic story of twenty-eight law students-one of whom was the author-who went south at the height of the civil rights era and helped change death penalty jurisprudence forever.The 1965 project was organized by the NAACP Legal...

Former Chief Justice of Pakistan Iftikhar Muhammad Chaudhryas tenure, from 2005 to 2013, has been characterized by remarkable developments in constitutional politics and the jurisprudence of the apex court. This was also a period of great controversy and...

This original approach to value provides a foundation for a new imaginative landscape in philosophy of law. "Value essentialism" identifies value formations such as a sacred cow and scapegoat tandem and the intensification of "oughtness" as it approaches...

Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual...

In addition to citing case law, Judges have traditionally used recognized legal maxims or treatise citations to support their rulings. But today's judiciary is becoming more apt to use pop culture, modern music, as well as humor in their decisions. This...

The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove...

Pairs passages from works of classical rhetoric with contemporary legal rulings to highlight and analyze their deep and abiding connections in matters of persuasionClassical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes...

Pairs passages from works of classical rhetoric with contemporary legal rulings to highlight and analyze their deep and abiding connections in matters of persuasionClassical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes...

While a functional concept of crime under the common law has ancient roots, theoretical and doctrinal formulations emerged in the nineteenth century. In this book, Adekemi Odujirin interweaves two narratives relating to crime: one contextual and...

We call it justice - the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it...

The Companion contains twelve chapters written by proven experts on Luhmann's social systems theory. Among the contributions are overviews of the development of Luhmann's thinking, introductions to key areas of Luhmann's theory of society and critical...

Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual...

Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet-who writes seriously on the idea of...

DESCRIPTION: This volume of Studies in Law, Politics, and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on...

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis...

The essays look at the consequences that legal practice has on the lives of its practitioners as well as on the individual legal subject and on the shape of shared identities. These essays challenge liberal and communitarian notions of what it means to...

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind...

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination,...

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,...

One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering...

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...