Jurisprudence category: 1225 books

It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with...

This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional...

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights....

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 democracy coupled with the impact of the South-East...

The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting...

The Concept of Injustice challenges traditional Western justice theory. 　Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice.　 Misled by the word’s etymology, political theorists have assumed injustice to be...

Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in...

This collection represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought, including the relationship between the rule of law...

This book analyses the abuse of idealism with particular reference to China's Cultural Revolution. The work examines abuse at two levels: the state leaders' metaphysical vision as the interpretation of idealism at the top with state power; and the psychological state of the masses at the bottom of...

The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th...

The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how...

This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical Perspectives...

This collection of articles brings together a selection of previously published work on Agamben‘s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben‘s law-related work.

Against jurisprudential reductions of Spinoza’s thinking to a kind of eccentric version of Hobbes, this book argues that Spinoza’s theory of natural right contains an important idea of absolute freedom, which would be inconceivable within Hobbes’ own schema. Spinoza famously thought that the...