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  • Non-State Justice Institutions and the Law

    Decision-Making at the Interface of Tradition, Religion and the State

    Series series Political Science and International Studies (R0)
    This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa. ... Read more

    $49.49 USD

  • Freedom, Recognition and Non-Domination

    A Republican Theory of (Global) Justice

    Series series Philosophy and Religion (R0)
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social ... Read more

    $89.09 USD

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    Edited by Christopher J. Peters ...
    Series series Law and Criminology (R0)
    This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and ... Read more

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  • Choosing Not to Choose

    Understanding the Value of Choice

    Our ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a ... Read more

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  • The Planning Theory of Law

    A Critical Reading

    Series Book 100 - Law and Philosophy Library
    This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The ... Read more

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  • The Scepter of Reason

    Public Discussion and Political Radicalism in the Origins of Constitutionalism

    by R. Gargarella ...
    Series series Philosophy and Religion (R0)
    It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality. In fact, we all discuss impartiality when we talk about the best way to equally consider all viewpoints. We show our concerns with impartiality when, facing a particular problem, we try to figure out the best solution for all of us, ... Read more

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  • Essays on the Doctrinal Study of Law

    by Aulis Aarnio ...
    Series Book 96 - Law and Philosophy Library
    Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, ... Read more

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  • On the Limits of Constitutional Adjudication

    Deconstructing Balancing and Judicial Activism

    Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to ... Read more

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  • Normative Plurality in International Law

    A Theory of the Determination of Applicable Rules

    Series series Law and Criminology (R0)
    This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be ... Read more

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  • African Legal Theory and Contemporary Problems

    Critical Essays

    Edited by Oche Onazi ...
    Series series Law and Criminology (R0)
    The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory ... Read more

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  • General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

    Series series Ius Comparatum - Global Studies in Comparative Law
    This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, ... Read more

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  • Law, Ideology and Punishment

    Retrieval and Critique of the Liberal Ideal of Criminal Justice

    by A.W. Norrie ...
    Series series Philosophy and Religion (R0)
    This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, ... Read more

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