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Law and Politics: Continental Perspectives


About the Series

A core legacy of the Continental juridico-political tradition is the methodological commitment to the idea that law and politics are inextricably tied to one another. On the one hand, law has to be studied in the light of the concrete political dynamics, social forces, and societal movements that make law what it is. On the other hand, the analysis of political processes should be coupled with the study of the legal techniques through which politics exerts its effects on social reality.
The series aspires to promote works that use the nexus 'law & politics' as a prism that allows understanding societal dynamics beyond the deep-seated borders separating purely legal from purely political methodologies. It welcomes theoretically informed and empirically grounded analyses that foster the development of theory in the study of juridico-political processes.

The qualifier 'Continental' signifies not so much a geographical or socio-historical feature as a methodological one. The approach that the series aims to promote, regardless of the nationality of prospective authors, materializes at the intersection between the vocabularies and methodologies of legal and political theories. In other words, the starting point of this approach is that the interplay between legal and political processes provides a precious lens to observe and comprehend contemporary societal phenomena.

More specifically, submissions exploring the following themes are welcomed:

  • The relationship between the legal and the political spheres from a theoretical, historical and/or empirical point of view.
  • The transformation of sovereignty.
  • The transformation of the state and the rise of non-state political and organizational structures that break the ties with modern statehood.
  • Exceptionalism and emergency at the domestic and/or the global level.
  • The downfall of conventional juridico-political binaries: public/private, state/civil society, domestic/international, religious/secular and others.
  • Current transformations of formal constitutions and the separation of powers.
  • Issues related to the increasing spread of legal pluralism and global legal pluralism.
  • Strategies and politics of legal elites and the new role of judicial bodies both nationally and internationally.
  • Analyses of key Continental authors who have brought to light the materiality of the law, such as Giorgio Agamben, Hannah Arendt, Jacques Derrida, Michel Foucault, Hans-Georg Gadamer, Marcel Gauchet, Antonio Gramsci, Jurgen Habermas, Reinhart Koselleck, Antonio Negri, Carl Schmitt and others.
  • Analyses of key Continental "classics" whose voice is unheard or underrepresented in the Anglophone academic and publishing environment, such as Walter Benjamin, Leon Duguit, Georges Gurvitch, Maurice Hauriou, Hermann Heller, Georg Jellinek, Ernst Junger, Costantino Mortati, Georges Renard, Santi Romano, Rudolf Smend, Simone Weil and others.

This interdisciplinary series welcomes monographs and edited volumes that engage with the conceptual and empirical questions detailed above and discussions of how the contamination of jurisprudential and theoretical-political approaches helps illuminate current national and global processes.

16 Series Titles

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Law, Necessity and the Crisis of the State The Early Writings of Santi Romano

Law, Necessity and the Crisis of the State: The Early Writings of Santi Romano

1st Edition

Forthcoming

Edited By Mariano Croce
May 03, 2023

This book contains the first English translations of Santi Romano’s important essays ‘On the decree laws and the state of siege during the earthquakes in Messina and Reggio Calabria’ (1909) and ‘The Modern State and its Crisis’ (1910). Before Santi Romano wrote his masterpiece The Legal Order in ...

Political Theology and Law

Political Theology and Law

1st Edition

By Geminello Preterossi
April 10, 2018

This book addresses two main questions. Can political theology be overcome? And, is what today – in referring to neoliberalism and its genealogy – many define as "economic theology" truly an alternative to political theology, as Foucault has claimed and as Agamben does today? As a first step, the ...

Hermeneutics as a General Methodology of the Sciences of the Spirit

Hermeneutics as a General Methodology of the Sciences of the Spirit

1st Edition

By Emilio Betti
September 26, 2022

With a Foreword by Lars Vinx, this book is the first complete English translation of the Italian jurist, Emilio Betti’s classic work Die Hermeneutik als allgemeine Methodik der Geisteswissenschaften, originally published in 1962. Betti’s hermeneutical theory is presented here as a ‘general ...

Inheritance and the Right to Bequeath Legal and Philosophical Perspectives

Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives

1st Edition

Edited By Hans-Christoph Schmidt am Busch, Daniel Halliday, Thomas Gutmann
September 21, 2022

In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in ...

The Literary Exception and the Rule of Law

The Literary Exception and the Rule of Law

1st Edition

By Johan Van Der Walt
July 20, 2022

Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the ...

States of Exception Law, History, Theory

States of Exception: Law, History, Theory

1st Edition

Edited By Cosmin Cercel, Gian Giacomo Fusco, Simon Lavis
February 24, 2022

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy ...

Law, Relationality and the Ethical Life Agamben and Levinas

Law, Relationality and the Ethical Life: Agamben and Levinas

1st Edition

By Tom Frost
August 31, 2021

This first book-length study into the influence of Emmanuel Levinas on the thought and philosophy of Giorgio Agamben, Law, Relationality and the Ethical Life, demonstrates how Agamben’s immanent thought can be read as presenting a compelling, albeit flawed, alternative to Levinas’s ethics of the ...

Foucault's Politics of Philosophy Power, Law, and Subjectivity

Foucault's Politics of Philosophy: Power, Law, and Subjectivity

1st Edition

By Sandro Chignola
December 05, 2019

Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro ...

The Concept of Liberal Democratic Law

The Concept of Liberal Democratic Law

1st Edition

By Johan Van Der Walt
September 25, 2019

This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential ...

The Anthropological Paradox Niches, Micro-worlds and Psychic Dissociation

The Anthropological Paradox: Niches, Micro-worlds and Psychic Dissociation

1st Edition

By Massimo De Carolis
September 05, 2019

This book addresses how the erosion of traditional forms of political association and legal regulation has given rise to a pluralism of "imperfect communities" constantly exposed to the risk of dissolution. These are niches and micro-worlds that are connected through precarious and ambivalent ties....

Temporal Boundaries of Law and Politics Time Out of Joint

Temporal Boundaries of Law and Politics: Time Out of Joint

1st Edition

Edited By Luigi Corrias, Lyana Francot
July 25, 2019

In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the...

Post-Truth, Philosophy and Law

Post-Truth, Philosophy and Law

1st Edition

Edited By Angela Condello, Tiziana Andina
May 30, 2019

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be...

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