Jurisprudence & Philosophy of Law

The presented collection of studies by several authors is an attempt at a multi-level analysis of the contemporary and newest issues of Public and ...

The book examines the main problems of criminal law of post-Soviet states through the prism of global institutional transformations in politics and...

Tuning into the collective understanding of law as lived experience, Knowing Justice is a timely and distinctive intervention in the field of law a...

This book builds on Heffernan's last book Rights and Wrongs: Rethinking the Foundations of Criminal Justice by examining the class and racial dispa...

When it comes to sex, no means no, but yes doesn't always mean yes. Cases where a person's yes to sex should be treated as a no are uncontroversial...

In Homelessness, Liberty and Property, Terry Skolnik establishes a novel theory about the government's duties to end homelessness, maintain public ...

Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of proper...

Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential co...

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether...

A century after the publication of Evgeny Pashukanis pivotal book General Theory of Law and Marxism, this collection presents a comprehensive accou...

Only recently have philosophers and psychologists begun to consider empirical research methods to inform questions and debates in legal philosophy....

This open access book explains the factors that cause the poor functioning or failure of certain legal institutions or the success of others in the...

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether...

This text will examine U.S. Supreme Court cases which highlight, feature and illuminate some facets of natural law reasoning since the Courts decre...

Verbrechen wider die Natur gelten während der frühen Neuzeit als besonders schwerwiegende Vergehen. Sie werden daher in drastischer Weise und oftma...

Ernst-Wolfgang Böckenförde (b. 1930, d. 2019) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law...

Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when per...

Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by...

Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, s...

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this acco...

This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: state vs non-state law; and ...

Is it legal to kill, or capture and confine, someone in war? Is this relevant or wise to ask in the reality of war? What does 'legal' actually mean...

Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, re...

In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienat...

What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subj...

Rights of nature are on the rise worldwide, having already been recognized in several states, especially in Latin America and Asia. For the first t...

Law can be seen as a motley of different languages deployed in the legal domain. The authors of the chapters share interest in what determines the ...

This book discusses the emergence of a new concept of law at the global level in the field of sustainable development. It examines the four-decade-...

This book argues that omitting the component of narrative creates an irresolvable antinomy concerning the identity of the subject: between the subj...

The volume is a result of a much-needed effort to rethink traditional legal concepts in a gender-sensitive and gender competent manner. The book de...

This open access book provides detailed information on informal credit markets in Africa and how various legal systems affect these markets. Laws t...

Disagreement is one of the deepest and most pervasive topics in philosophy; arguably its very bedrock, and is an ever-increasing feature of politic...

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police instituti...

Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictio...

Plato is one of the most widely read and studied philosophers of all time. A pivotal figure in the history of philosophy, his work is foundational ...

Edmund Husserls ideas, informed by Kants Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectiv...

By combining legal and genealogical methodologies, this book describes the origin, decline, resurgence and metamorphosis of patriarchy in the West....