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New and Key Titles

Legal Theory

  1. Freedom, Autonomy and Privacy

    Legal Personhood

    By Janice Richardson

    Legal Personhood draws upon contemporary feminist philosophy in order to consider the meaning of legal personhood, its relationship to human freedom and autonomy and its connection to what is classified as public and private. Contemporary feminist philosophy has much to say about the ways in which...

    To Be Published May 31st 2015 by Routledge

  2. Law and the Passions

    A Discrete History

    By Julia Shaw

    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 April 1st 2015 by Routledge

  3. Law as a Human Science

    By Panu Minkkinen

    Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking. Interdisciplinary studies of law are now primarily understood as policy-oriented and socio-legal in their orientation; whilst the older ties between law and the humanities (with...

    To Be Published March 31st 2015 by Routledge

  4. Strange Gods

    Legal Theology in a Modern Age

    By Peter Fitzpatrick

    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 February 28th 2015 by Routledge-Cavendish

  5. Sovereignty, Human Rights and Global Order

    By Sam Adelman

    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 February 27th 2015 by Routledge

  6. The Foundation of the Juridico-Political

    Concept Formation in Hans Kelsen and Max Weber

    Edited by Ian Bryan, Peter Langford, John McGarry

    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 January 30th 2015 by Routledge

  7. The Reconstruction of the Juridico-Political

    Affinity and Divergence in Hans Kelsen and Max Weber

    Edited by Ian Bryan, Peter Langford, John McGarry

    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 January 30th 2015 by Routledge

  8. Feminist Encounters with Legal Philosophy

    Edited by Maria Drakopoulou

    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

  9. Giorgio Agamben

    Legal, Political and Philosophical Perspectives

    Edited by Tom Frost

    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

  10. Law's Cut on the Body of Human Rights

    Female Circumcision, Torture and Sacred Flesh

    By Juliet Rogers

    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

  11. Re-reading Foucault

    On Law, Power and Rights

    Edited by Ben Golder

    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

  12. The Legal Theory of Carl Schmitt

    By Mariano Croce, Andrea Salvatore

    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 10th 2012 by Routledge

  13. After Cosmopolitanism

    Edited by Rosi Braidotti, Patrick Hanafin, Bolette B. Blaagaard

    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

  14. Jurisdiction

    By Shaunnagh Dorsett, Shaun McVeigh

    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

  15. Competing Sovereignties

    By Richard Joyce

    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

  16. Reading Modern Law

    Critical Methodologies and Sovereign Formations

    Edited by Ruth Buchanan, Stewart Motha, Sundhya Pahuja

    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 3rd 2012 by Routledge-Cavendish

  17. Divine Violence

    Walter Benjamin and the Eschatology of Sovereignty

    By James R. Martel

    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

  18. Rethinking Law as Process

    Creativity, Novelty, Change

    By James MacLean

    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

  19. Cosmopolitan Justice and its Discontents

    Edited by Cecilia Bailliet, Katja Franko Aas

    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

  20. Jurisdiction in Deleuze: The Expression and Representation of Law

    By Edward Mussawir

    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

  21. Law, Ethics and the Biopolitical

    By Amy Swiffen

    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 17th 2010 by Routledge

  22. Transcending the Boundaries of Law

    Generations of Feminism and Legal Theory

    Edited by Martha Albertson Fineman

    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 2nd 2010 by Routledge-Cavendish

  23. Foucault's Monsters and the Challenge of Law

    By Alex Neville Sharpe

    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 15th 2009 by Routledge-Cavendish

  24. Law's Trace: From Hegel to Derrida

    By Catherine Kellogg

    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

  25. Law and Evil

    Philosophy, Politics, Psychoanalysis

    Edited by Ari Hirvonen, Janne Porttikivi

    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 8th 2009 by Routledge-Cavendish

  26. After Sovereignty

    On the Question of Political Beginnings

    Edited by Charles Barbour, George Pavlich

    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 6th 2009 by Routledge-Cavendish

  27. Sovereignty, Knowledge, Law

    By Panu Minkkinen

    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 26th 2009 by Routledge-Cavendish

  28. Foucault's Law

    By Ben Golder, Peter Fitzpatrick

    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

  29. Law and Irresponsibility

    On the Legitimation of Human Suffering

    By Scott Veitch

    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

  30. The Making of a European Constitution

    Judges and Law Beyond Constitutive Power

    By Michelle Everson, Julia Eisner

    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

  31. Levinas, Law, Politics

    Edited by Marinos Diamantides

    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 10th 2007 by Routledge-Cavendish

  32. Legal Pluralism in Conflict

    Coping with Cultural Diversity in Law

    By Prakash Shah

    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

  33. Law & the Beautiful Soul

    By Alan Norrie

    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

  34. Modern Legal Theory & Judicial Impartiality

    By Ofer Raban

    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