Discourses of Law

Series Editors: Peter Goodrich, Arthur Jacobson, Michel Rosenfeld

This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

  • The Rule of Reason in European Constitutionalism and Citizenship

    By Yuri Borgmann-Prebil

    Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship. Taking Europe as its focus, the central substantive…

    Paperback – 2016-02-29 
    Routledge
    Discourses of Law

  • Genealogies of Legal Vision

    Edited by Peter Goodrich, Valérie Hayaert

    It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance…

    Paperback – 2015-06-14
    Routledge
    Discourses of Law

  • Shakespeare's Curse

    By Bjoern Quiring

    Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare’s Curse pursues a reading of Richard III, King John, and King Lear in order to analyse the persistence of imprecations in the discourses of modernity.…

    Paperback – 2015-06-08
    Routledge
    Discourses of Law

  • Law and Enjoyment

    Power, Pleasure and Psychoanalysis

    By Daniel Hourigan

    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…

    Hardback – 2015-06-04
    Routledge
    Discourses of Law

  • Wickedness and Crime

    Laws of Homicide and Malice

    By Penny Crofts

    The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and…

    Paperback – 2015-05-21
    Routledge
    Discourses of Law

  • Exemplarity and Singularity

    Thinking through Particulars in Philosophy, Literature, and Law

    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…

    Hardback – 2015-05-04
    Routledge
    Discourses of Law

  • Shakespeare's Curse

    The Aporias of Ritual Exclusion in Early Modern Royal Drama

    By Björn Quiring

    Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare’s Curse:The Aporias of Ritual Exclusion in Early Modern Royal Drama pursues a reading of Richard III, King John, and King Lear in order to analyse the…

    Hardback – 2013-10-29
    Routledge
    Discourses of Law

  • The Scene of the Mass Crime

    History, Film, and International Tribunals

    Edited by Christian Delage, Peter Goodrich

    The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been…

    Paperback – 2012-11-11
    Routledge
    Discourses of Law

  • Sex, Culpability and the Defence of Provocation

    By Danielle Tyson

    The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability…

    Paperback – 2012-07-11
    Routledge-Cavendish
    Discourses of Law

  • Novel Judgements

    Legal Theory as Fiction

    By William P. MacNeil

    Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’…

    Paperback – 2011-09-06
    Routledge-Cavendish
    Discourses of Law

  • Visualizing Law in the Age of the Digital Baroque

    Arabesques & Entanglements

    By Richard K Sherwin

    Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents…

    Paperback – 2011-06-16
    Routledge
    Discourses of Law

  • Shakespearean Genealogies of Power

    A Whispering of Nothing in Hamlet, Richard II, Julius Caesar, Macbeth, The Merchant of Venice, and The Winter’s Tale

    By Anselm Haverkamp

    Shakespearean Genealogies of Power proposes a new view on Shakespeare’s involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare’s theatre opened up a new perspective on…

    Paperback – 2010-10-07
    Routledge
    Discourses of Law

  • The Land is the Source of the Law

    A Dialogic Encounter with Indigenous Jurisprudence

    By C.F. Black

    The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are …

    Paperback – 2010-09-29
    Routledge-Cavendish
    Discourses of Law

  • The Identity of the Constitutional Subject

    Selfhood, Citizenship, Culture, and Community

    By Michel Rosenfeld

    The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively…

    Paperback – 2009-10-12
    Routledge
    Discourses of Law

  • Law, Orientalism and Postcolonialism

    The Jurisdiction of the Lotus-Eaters

    By Piyel Haldar

    Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and…

    Paperback – 2007-12-12
    Routledge-Cavendish
    Discourses of Law

  • Endowed

    Regulating the Male Sexed Body

    By Michael Thomson

    Feminist legal scholars and health care lawyers have long engaged with law’s responses to the female reproductive body, especially on what the legal regulation of women’s reproductive lives can tell us about the broader relationship between law and gender. Acknowledging this work and building upon…

    Paperback – 2007-08-27
    Routledge
    Discourses of Law

  • Nietzsche and Legal Theory

    Half-Written Laws

    By Peter Goodrich, Mariana Valverde

    Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in…

    Paperback – 2005-09-28
    Routledge
    Discourses of Law