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See below for a selection of the latest books from Jurisprudence & philosophy of law category. Presented with a red border are the Jurisprudence & philosophy of law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Jurisprudence & philosophy of law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!
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 structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems.
Drawing on Badiou's statement: 'Property as ego , this book argues that the reality of neo-liberalism means that rather than seeing it as ego, we need to understand that private property is ego. The book is divided into three parts. Part I discusses the neo-liberal account of private property as a liberal choice in respect of the use of goods and resources, which can be controlled. The book challenges this view arguing that private property cannot be justified, regardless of how much restraint the state tries to impose on choice. Ultimately private property is not choice, it is ego. Part II develops a theory of private property as the expression of the neo-liberal ego. Working from Badiou's statement, it argues that all of the liberal and neo-liberal theorising about the content of private property, and the justifications for it merely seek to defend the exercise of ego as concerns the allocation, use and control of the planet's goods and resources. Part III calls for the rejection of private property as the means of apportioning the world. It offers reflections on alternatives as to how the earth's things might be allocated, forcing us to reflect upon how a world without private property might look.
This title was first published in 2001. A collection of important essays on the consequences of the Autopoietic theory of law, with contributions from a wide range of leading theorists from different legal jurisdictions, including an original paper by Gunther Teubner.
Title first published in 2003. This volume features important essays by leading contemporary natural law theorists and their critics. Readers will gain a clear sense of the state of the debate on such issues as the moral basis of legal obligation, the relationship between law and morality, and the role of moral enquiry and judgment in the interpretation of legal texts. In his introduction, the author provides a useful commentary on each essay.
This title was first published in 2003. Aristotle's philosophy has had a profound impact on the development of modern law. This volume collects recent important essays demonstrating the continuing relevance of Aristotle's work to contemporary legal issues. The studies deal with Aristotle's legal theory, the virtues of lawyers, law and justice, rights and equity, intellectual virtues in law, universals and particulars, modern fields of law, legal education and modern problems with Aristotle.
Over the last thirty years, supreme courts across the common law world have been undergoing revolutionary changes in their roles and responsibilities and a concomitant global expansion of judicial power and politicization of courts. While much has been written about the events leading up to these, this book fills a gap in the literature by exploring the aftermath of such revolutionary change. The focus of the work is the judicial revolution that came to Australia's High Court in the late 1980s and 1990s under the leadership of Chief Justice Anthony Mason and the post-revolution retrenchment that occurred during the chief justiceship of Murray Gleeson. Many expected Chief Justice Gleeson's appointment to the High Court would mark a turning point away from the highly politicized, deeply controversial 'activist' jurisprudence of the Mason Court with a minimalist jurisprudence that was more grounded in black letter law, and more deferential to parliament and the executive. The authors use the regime politics model to allow analysis of how a court of final appeal tends to operate within the broader political system, including how it exercises judicial power and what happens when its decisions and methods run counter or challenge the governing coalition. It also enables assessment of where and how changes occur in substantive law, workload, and interactions with other branches. Ultimately, the book affirms the claims of regime politics scholarship that courts cannot stray for long from the dominant political regime's values and commitments, lest the regime invoke its tools to bring compliance.
This book adopts Durkheim's legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim's theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the social , and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All of which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society.
This book introduces the thought of Giambattista Vico (1668-1744) into the discussion about natural law. For many critics, natural law is not natural but a facade behind which lurks the supernatural - that is, revealed religion. While current notions of natural law are based on either Aristotelian/Thomistic principles or on Enlightenment rationalism, the book shows how Vico was the only natural law thinker to draw on the Roman legal tradition, rather than on Greek or Enlightenment philosophy. Specifically, the book addresses how Vico, drawing his inspiration from Roman history, incorporated both rhetoric and religion into a dynamic concept of natural law grounded in what he called the sensus communis: the entire repertoire of values, images, institutions, and even prejudices that a community takes for granted. Vico denied that natural law could ever furnish a definitive answer to moral problems in the social/public sphere. Rather he maintained that such problems had to be debated in the wider arena of the sensus communis. For Vico, as this book argues, natural law principles emerged from these debates; they did not resolve them.
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.
This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.