A Discrete History
Although the connection of law, passion and emotion has become an established focus in legal scholarship, the extent to which emotion has always been, and continues to be, a significant influence in informing legal reasoning, decision-making, decision-avoidance and legal judgment – rather than an...
To Be Published February 24th 2015 by Routledge
Legal Theology in a Modern Age
Strange Gods provides a genealogy of modern law as a secular theology, calling into question the received ideas that modern law is radically different from its religious antecedents, and that modernity involved a repudiation of theological concepts. Peter Fitzpatrick charts the lineage of...
To Be Published September 29th 2014 by Routledge-Cavendish
Concept Formation in Hans Kelsen and Max Weber
Addressing the foundation of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assesment of the usual distinction between legal positivism and the sociology of law. The work of Kelsen and Weber is usually understood as representing...
To Be Published September 29th 2014 by Routledge
Affinity and Divergence in Hans Kelsen and Max Weber
Focusing upon the elaboration of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assessment of the usual distinction between legal positivism and the sociology of law. The work of Kelsen and Weber is conventionally understood as...
To Be Published September 29th 2014 by Routledge
Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sovereignty is an object of desire and the stuff of nightmares. It is a symbol of self-determination and national identity...
To Be Published August 31st 2014 by Routledge
Adam Thurschwell, a respected academic and death penalty lawyer, draws upon continental theory and the Anglo-American jurisprudential tradition in order to deliver a critical survey of both the theoretical aspects of capital punishment and its actual administration. Pursuing an original political...
To Be Published August 31st 2014 by Routledge-Cavendish
Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal...
Published December 12th 2013 by Routledge-Cavendish
Legal, Political and Philosophical Perspectives
This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical...
Published November 14th 2013 by Routledge
Female Circumcision, Torture and Sacred Flesh
Scenes of violence and incisions into the flesh inform the demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting...
Published August 6th 2013 by Routledge
On Law, Power and Rights
Re-reading Foucault: On Law, Power and Rights is the first collection in English fully to address the relevance of Michel Foucault’s thought for law. Foucault is the best known and most cited of the late twentieth-century’s ‘theory’ academics. His work continues to animate a range of different...
Published October 23rd 2012 by Routledge
At a time when social and political reality seems to move away from the practice of cosmopolitanism, whilst being in serious need of a new international framework to regulate global interaction, what are the new definitions and practices of cosmopolitanism? Including contributions from leading...
Published September 9th 2012 by Routledge
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors...
Published September 9th 2012 by Routledge
Series: Critical Approaches to Law
This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal...
Published July 26th 2012 by Routledge-Cavendish
Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law...
Published July 12th 2012 by Routledge
Critical Methodologies and Sovereign Formations
Reading Modern Law identifies and elaborates upon key critical methodologies for reading and writing about law in modernity. The force of law rests on determinate and localizable authorizations, as well as an expansive capacity to encompass what has not been pre-figured by an order of rules. The...
Published May 2nd 2012 by Routledge-Cavendish
Walter Benjamin and the Eschatology of Sovereignty
Divine Violence looks at the question of political theology and its connection to sovereignty. It argues that the practice of sovereignty reflects a Christian eschatology, one that proves very hard to overcome even by left thinkers, such as Arendt and Derrida, who are very critical of it. These...
Published October 3rd 2011 by Routledge
Creativity, Novelty, Change
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making. While there have been significant developments in the application of ‘process’ thought across a number of disciplines, little notice has been taken of Whiteheadian...
Published July 7th 2011 by Routledge
Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is...
Published March 31st 2011 by Routledge
Jurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the...
Published March 3rd 2011 by Routledge
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the...
Published December 16th 2010 by Routledge
Generations of Feminism and Legal Theory
Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality,...
Published July 1st 2010 by Routledge-Cavendish
In contrast to other figures generated within social theory for thinking about outsiders, such as Rene Girard’s ‘scapegoat’ and Zygmunt Bauman’s ‘stranger’, Foucault’s Monsters and the Challenge of Law suggests that the figure of ‘the monster’ offers greater analytical precision and explanatory...
Published December 14th 2009 by Routledge-Cavendish
Law's Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among...
Published November 26th 2009 by Routledge
Philosophy, Politics, Psychoanalysis
Law and Evil opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said 'the problem of evil will be the fundamental question of post-war intellectual life in Europe'. This statement is,...
Published October 7th 2009 by Routledge-Cavendish
On the Question of Political Beginnings
After Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence, and now apparent implosion, of international capital exceeding the borders of known political entities, the continued expansion of a potentially endless 'War on Terror',...
Published October 5th 2009 by Routledge-Cavendish
Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge....
Published May 25th 2009 by Routledge-Cavendish
Foucault’s Law is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In...
Published March 2nd 2009 by Routledge-Cavendish
On the Legitimation of Human Suffering
Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a...
Published November 21st 2007 by Routledge-Cavendish
Judges and Law Beyond Constitutive Power
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence;...
Published September 26th 2007 by Routledge-Cavendish
Emmanuel Levinas' re-formulation of subjectivity, responsibility and the good has radically influenced post-structuralist thought. Political and legal theory, however, have only marginally profited from his moral philosophy. Levinas' theme of one's infinite responsibility for the other has often...
Published May 9th 2007 by Routledge-Cavendish
Coping with Cultural Diversity in Law
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious...
Published September 26th 2005 by Routledge-Cavendish
Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner...
Published April 3rd 2005 by Routledge-Cavendish
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and...
Published October 14th 2003 by Routledge-Cavendish