Jurisprudence

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...

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...

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and...

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...

Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high...

Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are...

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...

Who Owns Knowledge? explores the emerging linkages between the extension of knowledge and the law. It anticipates that the legal system will not only be called upon to adjudicate in matters of creative minds, but will be expected to do so to an ever...

This work is devoted to analyzing three major frames of justice--group justice, individual desert, and life affirmation--and their implications for social policy as well as their reflections in contemporary social policies. Pelton finds that all three...

First published in 1998, this book explores the links between theories of feminism and the practice of law, and does so through an examination of a number of contemporary themes in feminist legal studies. From an interdisciplinary perspective, this book...

The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal...

This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best...

Business networks are an important economic phenomenon of increasing practical importance throughout Europe. This volume examines business networks from an interdisciplinary perspective, with many contributions dealing with a certain form of business...

This book on Medical Jurisprudence & Clinical Forensic Medicine addresses the evolving nature of law and medicine. It updates the medicolegal (ML) systems and discusses the concerns related to digitalization of courts, serving a subpoena through social...

How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this...

Negotiating religious diversity, as well as negotiating different forms and degrees of commitment to religious belief and identity, constitutes a major challenge for all societies. Recent developments such as the 'de-secularisation' of the world, the...

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and...

While entities as different as armed groups, multinational corporations, political parties, megacities, labour unions, terrorist organisations, or indigenous peoples are mentioned as non-state actors in the relevant literature, rural communities are...

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...

Social Control Through Law is remarkable in manner and style. Roscoe Pound shows himself to be a jurist, philosopher, and scientist. For Pound, the subject matter of law involves examining manifestations of human nature which require social control to...

Every modern state sentences convicted offenders for their crimes. But what justifies the imprisonment of democratic citizens and how do we determine the severity of sentences? Does the theory of punishment closely connect with its practice? Should we...

What are the right institutional settings and strategies for ensuring honesty and accountability in public life? How do these settings and strategies relate to one another, and how do we know what is working and what is missing from the whole complex...

This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century;...

How law defines people, places, and thingsHow law defines people, places, and thingsAbout the AuthorJohn Brigham is Professor of Political Science at University of Massachusetts Amherst. He has been a member of the Board of Trustees of the (American) Law...

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...

Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and "activist"...

Forty years ago, in his landmark work A Theory of Justice, the American philosopher John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, is 'the first...

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...

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...

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently...