Law: Book Series

Applied Legal Philosophy

Applied Legal Philosophy

Series Editor:

The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

  • Religious Liberty and the Law

    Theistic and Non-Theistic Perspectives

    Edited by Angus J. L. Menuge

    Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it –&…

    Hardback – 2017-07-25 
    Routledge
    Applied Legal Philosophy

  • Expertise in Regulation and Law

    Edited by Gary Edmond

    This collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to…

    Paperback – 2017-05-16
    Routledge
    Applied Legal Philosophy

  • Ethics and Law of Intellectual Property

    Current Problems in Politics, Science and Technology

    By Christian Lenk, Nils Hoppe

    Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In…

    Paperback – 2017-03-16
    Routledge
    Applied Legal Philosophy

  • Humanity, Freedom and Feminism

    By Jill Marshall

    While some feminists seek to use ideas of the 'universal human subject' to include women, others argue that such ideas are intrinsically masculine and exclude the feminine. This book analyzes and critiques 'second wave' feminists who discuss how philosophers such as Plato and Aristotle, Descartes,…

    Paperback – 2017-02-27
    Routledge
    Applied Legal Philosophy

  • Law's Task

    The Tragic Circle of Law, Justice and Human Suffering

    By Louis E. Wolcher

    What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five general terms - thinking, human suffering,…

    Paperback – 2017-02-27
    Routledge
    Applied Legal Philosophy

  • Sovereignty in Post-Sovereign Society

    A Systems Theory of European Constitutionalism

    By Jiří Přibáň

    Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical…

    Paperback – 2017-01-11
    Routledge
    Applied Legal Philosophy

  • Contested Words

    Legal Restrictions on Freedom of Speech in Liberal Democracies

    By Ian Cram

    In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue…

    Paperback – 2016-11-30
    Routledge
    Applied Legal Philosophy

  • A Philosophy of Intellectual Property

    By Peter Drahos

    Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to…

    Paperback – 2016-11-30
    Routledge
    Applied Legal Philosophy

  • First Do No Harm

    Law, Ethics and Healthcare

    Edited by Sheila A. M. McLean

    This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken…

    Paperback – 2016-11-28
    Routledge
    Applied Legal Philosophy

  • Cultural Difference on Trial

    The Nature and Limits of Judicial Understanding

    By Anthony J. Connolly

    Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants…

    Paperback – 2016-11-23
    Routledge
    Applied Legal Philosophy

  • Epistemic Uncertainty and Legal Theory

    By Brian Burge-Hendrix

    Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful…

    Paperback – 2016-11-17
    Routledge
    Applied Legal Philosophy

  • Holy Writ

    Interpretation in Law and Religion

    Edited by Arie-Jan Kwak

    It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some,…

    Paperback – 2016-11-16
    Routledge
    Applied Legal Philosophy

  • The Concept of Law from a Transnational Perspective

    By Detlef von Daniels

    This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in…

    Paperback – 2016-11-16
    Routledge
    Applied Legal Philosophy

  • Law at the Vanishing Point

    A Philosophical Analysis of International Law

    By Aaron Fichtelberg

    Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • Architectures of Justice

    Legal Theory and the Idea of Institutional Design

    By Henrik Palmer Olsen, Stuart Toddington

    Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • The Vantage of Law

    Its Role in Thinking about Law, Judging and Bills of Rights

    By James Allan

    The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • The Theory and Practice of Legislation

    Essays in Legisprudence

    Edited by Luc J. Wintgens

    This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • Epistemology and Method in Law

    By Geoffrey Samuel

    This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • Accommodating Cultural Diversity

    Edited by Stephen Tierney

    This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different…

    Paperback – 2016-11-15
    Routledge
    Applied Legal Philosophy

  • Individual Duty within a Human Rights Discourse

    By Douglas Hodgson

    Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book…

    Paperback – 2016-11-11
    Routledge
    Applied Legal Philosophy

  • Deliberative Democracy and its Discontents

    Edited by Jose Luis Marti, Samantha Besson

    Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment…

    Paperback – 2016-11-11
    Routledge
    Applied Legal Philosophy

  • Constitutional Life and Europe's Area of Freedom, Security and Justice

    By Alun Howard Gibbs

    The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal…

    Paperback – 2016-11-11
    Routledge
    Applied Legal Philosophy

  • Health Law's Kaleidoscope

    Health Law Rights in a Global Age

    By Belinda Bennett

    Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book…

    Paperback – 2016-10-28
    Routledge
    Applied Legal Philosophy

  • The Idea of Authorship in Copyright

    By Lior Zemer

    As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face…

    Paperback – 2016-10-26
    Routledge
    Applied Legal Philosophy

  • The Right Not to be Criminalized

    Demarcating Criminal Law's Authority

    By Dennis J. Baker

    This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights…

    Paperback – 2016-10-26
    Routledge
    Applied Legal Philosophy

  • Legisprudence

    Practical Reason in Legislation

    By Luc J. Wintgens

    This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of…

    Paperback – 2016-10-17
    Routledge
    Applied Legal Philosophy

  • Legislation in Context: Essays in Legisprudence

    Edited by Luc J. Wintgens

    The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • Introduction to Classical Legal Rhetoric

    A Lost Heritage

    By Michael H. Frost

    Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • The Constitutional Corporation

    Rethinking Corporate Governance

    By Stephen Bottomley

    Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • Interpreting Statutes

    A Comparative Study

    By D. Neil MacCormick, Robert S. Summers

    This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • Principled Engagement

    Negotiating Human Rights in Repressive States

    Edited by Morten B. Pedersen, David Kinley

    What is the best way to promote human rights in grossly repressive states when neither sanctions nor trade and investment have much effect? This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • Ratio and Voluntas

    The Tension Between Reason and Will in Law

    By Kaarlo Tuori

    From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the…

    Paperback – 2016-09-09
    Routledge
    Applied Legal Philosophy

  • Interpreting Precedents

    A Comparative Study

    Edited by D. Neil MacCormick, Robert S. Summers, Arthur L. Goodhart

    This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations…

    Paperback – 2016-08-26
    Routledge
    Applied Legal Philosophy

  • Judicial Power, Democracy and Legal Positivism

    Edited by Tom D. Campbell, Jeffrey Goldsworthy

    In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian…

    Paperback – 2016-08-26
    Routledge
    Applied Legal Philosophy

  • Critical Legal Positivism

    By Kaarlo Tuori

    This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and…

    Paperback – 2016-08-26
    Routledge
    Applied Legal Philosophy

  • Self-Constitution of European Society

    Beyond EU politics, law and governance

    Edited by Jiří Přibáň

    Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion…

    Hardback – 2016-06-10
    Routledge
    Applied Legal Philosophy

  • Legitimizing Human Rights

    Secular and Religious Perspectives

    Edited by Angus J.L. Menuge

    When does the exercise of an interest constitute a human right? The contributors to Menuge’s edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and…

    Hardback – 2013-07-28
    Routledge
    Applied Legal Philosophy

  • Legal Evidence and Proof

    Statistics, Stories, Logic

    Edited by Henry Prakken, Hendrik Kaptein

    As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and…

    Hardback – 2009-02-19
    Routledge
    Applied Legal Philosophy

  • Liquid Society and Its Law

    By Jiří Přibáň

    This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of 'liquid society' and its adoption by legal…

    Hardback – 2007-08-28
    Routledge
    Applied Legal Philosophy

  • Legal Symbolism

    On Law, Time and European Identity

    By Jiří Přibáň

    Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy.…

    Hardback – 2007-05-28
    Routledge
    Applied Legal Philosophy

  • The Logic of Constitutional Rights

    By Eric Heinze

    Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed…

    Hardback – 2005-05-28
    Routledge
    Applied Legal Philosophy

  • Indigenous Sovereignty and the Democratic Project

    By Steven Curry

    Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New…

    Hardback – 2004-10-28
    Routledge
    Applied Legal Philosophy

  • Law as Art

    By Gary P. Bagnall

    Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music…

    Hardback – 1996-11-19
    Routledge
    Applied Legal Philosophy

  • The Legal Theory of Ethical Positivism

    By Tom D. Campbell

    The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This…

    Hardback – 1996-03-07
    Routledge
    Applied Legal Philosophy