1st Edition

The Anxiety of the Jurist Legality, Exchange and Judgement

Edited By Maksymilian Del Mar, Claudio Michelon Copyright 2013
    352 Pages
    by Routledge

    350 Pages
    by Routledge

    The contributions in this volume pay homage to Zenon BaÅ„kowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of BaÅ„kowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes BaÅ„kowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.

    Contents: Introduction, Maksymilian Del Mar and Claudio Michelon; Part 1 The Jurist at Work: The jurist’s conscience: reflections around Radbruch, Roger Cotterrell; Citizenship and social class revisited: liberal reason, sociology and public places, John Holmwood; Thinking in images in legal theory, Maksymilian Del Mar; History in the service of life: law’s authority and dealing with the past, Adam Czarnota. Part 2 Legality: But to live inside the law, you must be honest, Claudio Michelon; Living under dead ideas: law as the will of the people, Fernando Atria; Iconoclasm revisited: Zenon Bankowski, law, love and Antigone, Emilios Christodoulidis; Fulfilling the law by breaking it? Formalism within legality, Francisco Saffie. Part 3 Exchange: The ethical character of market institutions, Russell Keat; The law of contract and the limits of the welfare state, David Campbell; What’s love got to do with development?, Oche Onazi. Part 4 Judgement: Analogy and parable in legal reasoning, John Bell; ’Holding the middle’, or, 'dancing on the edge...'?, James MacLean; A logical journey: the anxiety of Lesniewski quantifiers, Burkhard Schafer. Part 5 Looking Back/Looking Forward: The long goodbye: a... life in and out of the law, Zenon BaÅ„kowski; Afterword, Neil Walker; Bibliography of the works of Zenon BaÅ„kowski; Index.


    Maksymilian Del Mar is Reader in Legal Theory, Department of Law, Queen Mary University of London. Claudio Michelon is Senior Lecturer in Law and Legal Theory at the School of Law, University of Edinburgh.

    ’From anarchist critique to living lawfully - via parables, love, markets, and a lot more besides - Zenon BaÅ„kowski’s work has a great range of reference and inspiration. This excellent collection is commended for responding to that range and bringing fresh insights to contemporary legal and social theory.’ Scott Veitch, University of Hong Kong, Hong Kong. ’Some thinkers’ influence is measured by the number of their disciples who echo their mentors’ arguments, defend their positions, sometimes dig themselves into deep holes not of their making. Other thinkers inspire people to think on their own, spurred by their example and encouraged to try things afresh, wherever they are most interested to do so. As this book displays so richly, Zenon BaÅ„kowski’s influence has always been of the second sort, and it has been deep. The book contains a remarkable array of clever thinkers and good writers exploring themes influenced by BaÅ„kowski’s individualistic example, but not seeking or being urged to copy him. Capped by BaÅ„kowski’s eloquent and revealing reflection on a life of thought and moral/legal/political engagement, this book is an enjoyable, intriguing, varied and stimulating read.’ Martin Krygier, The University of New South Wales, Australia ’This original and thought-provoking collection pays tribute to Zenon BaÅ„kowski’s complex critical scholarship by addressing a variety of innovative issues in philosophy of law. This book vigorously engages the reader in imaginative thinking about the law and how to carry out legal analysis beyond the orthodoxy.’ Amalia Amaya, National Autonomous University of Mexico, Mexico