Jurisprudence

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...

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer...

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal...

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 parental...

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...

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal...

Hans Kelsen is commonly considered to be among the founding fathers of modern legal philosophy. Despite Kelsen's prominence as a legal theorist, his political theory has so far been mostly overlooked. This book argues that Kelsen's legal theory, the Pure...

Property is a legal and social institution governing the use of most things and the allocation of some items of social welfare. As an institution, property is a complex organizing idea. Despite its complexity, property, as an organizing idea, is now very...

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...

Takes White Fragility to the next level, placing emotional conversations about race squarely in the realm of employment discrimination law-exploring how implicit bias and diversity trainings are insufficient tools for battling inequality in the workplace...

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...

The appeal to 'our obligations to future generations' is one of the most forceful, emotional and effective arguments available to politicians and citizens and is the cornerstone of all modern policies aimed at sustainable development. Yet, the exact...

What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and...

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls...

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 collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape...

This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an...

The Case for Congress: Separation of Powers and the War on Terror examines the constitutional relationship between Congress and the President in the post-September 11 world, arguing that Congress should exercise its legitimate authority in guiding United...

This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where...

Permutations of Order makes an innovative and important contribution to current discussions about the relationship between religion and law, bringing together theoretically informed case studies from different parts of the world, relating to various...

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific...

Spatializing Law: An Anthropological Geography of Law in Society focuses on law and its location, exploring how spaces are constructed on the terrestrial and marine surface of the earth with legal means in a rich variety of socio-political, legal and...

This volume examines the legal dimension of the ILO's action in the field of Child Labour. The authors investigate the implementation of the relevant legal instruments and assess the effectiveness of the ILO supervisory system. All relevant instruments...

Politically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country's constitutional framework. However, the advent of...

Nearly a decade after the 2000 Presidential elections invited a firestorm of questions about the sanctity of our democratic process, there continues to be a heightened interest in the role of state-wide elections officials, typically the state's...

Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in...

Brings together the growing amount of evidence on the assessment and treatment of offenders with intellectual and developmental disabilities. Written by a team of international experts, this comprehensive and informative book provides a contemporary...

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...

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...