Jurisprudence category: 1225 books

This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as...

This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads...

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact...

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application...

Althusser and Law is the first book specifically dedicated to the place of law in Louis Althusser’s philosophy. The growing importance of Althusser’s philosophy in contemporary debates on the left has - for practical and political, as well theoretical reasons - made a sustained consideration of...

Our law and its philosophy were conceived for a material economic world marked by scarcity and territoriality. Without the criterion of territoriality, the dominant philosophies of law are left bankrupt. This is especially the case for  KELSEN's Pure Theory of Law, in which the territoriality...

Justice as Improvisation: The Law of the Extempore theorises the relationship between justice and improvisation through the case of the New York City cabaret laws. Discourses around improvisation often imprison it in a quasi-ethical relationship with the authentic, singular ‘other’. The same can...

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 concerned with what the future may bring to the...

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist...

When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that...

Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world’s leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses...

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected...

An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying...

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts...