Law: Legal Theory

  • Judicial Review and Contemporary Democratic Theory: Power, Domination, and the Courts book cover

    Judicial Review and Contemporary Democratic Theory

    Power, Domination, and the Courts, 1st Edition

    By Scott E. Lemieux, David J. Watkins

    For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it…

    Paperback – 2017-11-02
    Routledge
    Law, Courts and Politics

  • Justice and the Slaughter Bench: Essays on Law's Broken Dialectic book cover

    Justice and the Slaughter Bench

    Essays on Law's Broken Dialectic, 1st Edition

    By Alan Norrie

    In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s…

    Paperback – 2017-10-12
    Routledge

  • Indigeneity: Before and Beyond the Law book cover

    Indigeneity: Before and Beyond the Law

    1st Edition

    By Kathleen Birrell

    Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well…

    Paperback – 2017-10-12
    Routledge
    Indigenous Peoples and the Law

  • Law, Immunization and the Right to Die book cover

    Law, Immunization and the Right to Die

    1st Edition

    By Jennifer Hardes

    Law, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions…

    Paperback – 2017-10-12
    Routledge

  • Law, Memory, Violence: Uncovering the Counter-Archive book cover

    Law, Memory, Violence

    Uncovering the Counter-Archive, 1st Edition

    Edited by Stewart Motha, Honni van Rijswijk

    The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited…

    Paperback – 2017-10-12
    Routledge

  • Spacing Law and Politics: The Constitution and Representation of the Juridical book cover

    Spacing Law and Politics

    The Constitution and Representation of the Juridical, 1st Edition

    By Leif Dahlberg

    Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on…

    Paperback – 2017-10-12
    Routledge
    Space, Materiality and the Normative

  • Legal Persuasion: A Rhetorical Approach to the Science book cover

    Legal Persuasion

    A Rhetorical Approach to the Science, 1st Edition

    By Linda L. Berger, Kathryn M. Stanchi

    This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from…

    Paperback – 2017-08-01
    Routledge
    Law, Language and Communication

  • Exemplarity and Singularity: Thinking through Particulars in Philosophy, Literature, and Law book cover

    Exemplarity and Singularity

    Thinking through Particulars in Philosophy, Literature, and Law, 1st Edition

    Edited by Michele Lowrie, Susanne Lüdemann

    This book pursues a strand in the history of thought – ranging from codified statutes to looser social expectations – that uses particulars, more specifically examples, to produce norms. Much intellectual history takes ancient Greece as a point of departure. But the practice of exemplarity is…

    Paperback – 2017-06-07
    Routledge
    Discourses of Law

  • A Jurisprudence of Movement: Common Law, Walking, Unsettling Place book cover

    A Jurisprudence of Movement

    Common Law, Walking, Unsettling Place, 1st Edition

    By Olivia Barr

    Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought,…

    Paperback – 2017-05-31
    Routledge
    Space, Materiality and the Normative

  • The Foundation of the Juridico-Political: Concept Formation in Hans Kelsen and Max Weber book cover

    The Foundation of the Juridico-Political

    Concept Formation in Hans Kelsen and Max Weber, 1st Edition

    Edited by Ian Bryan, Peter Langford, John McGarry

    Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans…

    Paperback – 2017-05-25
    Routledge

  • The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber book cover

    The Reconstruction of the Juridico-Political

    Affinity and Divergence in Hans Kelsen and Max Weber, 1st Edition

    Edited by Ian Bryan, Peter Langford, John McGarry

    Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in…

    Paperback – 2017-05-24
    Routledge

  • Rights, Religious Pluralism and the Recognition of Difference: Off the Scales of Justice book cover

    Rights, Religious Pluralism and the Recognition of Difference

    Off the Scales of Justice, 1st Edition

    By Dorota Anna Gozdecka

    Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book…

    Paperback – 2017-05-18
    Routledge

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