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 June 30th 2015 by Routledge
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 June 29th 2015 by Routledge
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 June 1st 2015 by Routledge
Uncovering the Counter-Archive
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...
To Be Published April 29th 2015 by Routledge
Intersections of Comics and Law
Establishing the medium of graphic fiction as a critical resource for interdisciplinary legal studies, this collection is the first to address the intersection of comics and law. Graphic fiction has gained enormous cultural capital and academic interest over recent years. Comics-inspired films fill...
To Be Published April 2nd 2015 by Routledge
The Law of Deliberative Democracy examines the extent to which the legal regulation of politics matches deliberative democratic ideals, and how and whether they should try to do so. The book’s unifying question is: ‘How does the law constrain, enable and guide deliberation in the way it governs the...
To Be Published March 30th 2015 by Routledge
In advanced western societies, human rights have mutated, expanded and turned into a vernacular touching every aspect of social life. They are seen as the key concept of morals and politics, as well as in the forging of individual and collective identities. They are the ideology after ‘the end of...
To Be Published March 29th 2015 by Routledge
Law, Politics, Theology
What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually...
To Be Published March 29th 2015 by Routledge
This book explores how the notion of human identity informs the ethical goal of justice in human rights. Within the modern discourse of human rights, the issue of identity has been largely neglected. However, within this discourse lies a conceptualisation of identity that was derived from a...
To Be Published January 20th 2015 by Routledge
Law, Literature and Culture
Sexual desire, and the possible dangers associated with its more extreme manifestations, provokes strong, albeit often contradictory reactions. Such reactions are a well-known stimulant of creative, juridical and scholarly activity, and the texts of law, literature and academic criticism...
Published June 25th 2014 by Routledge
Taking the Unconscious Seriously
'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan....
Published June 24th 2014 by Routledge
Dialogues with James Tully
Freedom and Democracy in an Imperial Context: Dialogues with James Tully gathers leading thinkers from across the humanities and social sciences in a celebration of, and critical engagement with, the recent work of Canadian political philosopher James Tully. Over the past thirty years, James Tully...
Published March 23rd 2014 by Routledge
A Study of the Foundations of Power
The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have...
Published March 12th 2014 by Routledge
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 15th 2013 by Routledge
Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize...
Published October 20th 2013 by Routledge
Transforming Constitutions in Law, Literature, Economics and the Rest of Life
The meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way...
Published August 9th 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 7th 2013 by Routledge
The Philosophy of Law Meets the Philosophy of Technology
Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management,...
Published May 24th 2013 by Routledge
Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual...
Published November 23rd 2012 by Routledge
Questioning the Stakes of Historical Reason
Over two decades ago we were confronted by the end of the Soviet Union and collapse of the geo-political divisions that had defined much of the twentieth century. From this particular end, the ‘end of history’was proclaimed. But is it still possible to argue that liberal democracy and free market...
Published November 22nd 2012 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 24th 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 10th 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
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 13th 2012 by Routledge
The Legacy of Modernism
Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf,...
Published June 20th 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
Cross-Currents between Law and the Humanities
This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into...
Published April 29th 2012 by Routledge
Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify...
Published February 21st 2012 by Routledge
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 4th 2011 by Routledge
Without Model or Warranty
With the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay...
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 8th 2011 by Routledge
The Philosophy of Law Meets the Philosophy of Technology
Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient...
Published April 12th 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 4th 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 15th 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 27th 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 6th 2009 by Routledge-Cavendish