Towards a Constitution of the Earth : Humanity at the Crossroads (Paperback)

Towards a Constitution of the Earth : Humanity at the Crossroads (Hardcover)

Law and Thing Theory : The Return of the Precritical (Hardcover)

Introduction 1. Becoming a Thing 2. Things Then and Now 3. The Golden Age of Thingification 4. Figures of Legal Thingification 5. The Fascist Grammar of Thingness 6. Countermateriality 7. Epilogue: A Dinner at Fayard

Human Dignity, Religion and the Law : Pluralism and Reasonable Accommodation of Religious Practices (Paperback)

1.?Human Dignity, Religious Pluralism and Reasonable Accommodation: An Introductory Overview;??2.?A Secular Liberal Defence of Freedom of Religion: The Case for a Duty of Reasonable Accommodation;??3.?Conscientious Objection to Unconstitutional Duties: A Conceptual Trap;??4.?Legal Pluralism in German Scholarship: Its Application for Religious Freedom;??5.?Reforming Weddings Law in England and Wales;??6.?Challenging the Right to Change Religion or Belief: Interpreting Article 18 of the International Covenant on Civil and Political Rights;??7.?Leaving or Changing religion in the European Union Law: The impact of Data Protection Regulation;??8.?State Law or Religious Precepts: The Right to Asylum;??9.?Refugee Law, Atheism and Religious Persecution;??10.?The Greek Catholic Church in Ukraine, the Russian Orthodox Church and Catholic Proselytism

Act and Omission in Criminal Law : Autonomy, Morality and Applications to Euthanasia (Paperback)

Introduction. PART I: The Distinction between Act and Omission: Rationales and Classifications 1. The Skeptical Theory 2. The Moral Rationales 3. The Legal Rationales 4. The Autonomy-Based Theory. PART II: The Judicial Stance and the Implications of Various Rationales for Practical Questions Regarding the Act vs. Omission Distinction 5. The Judicial Standpoint Regarding the Definition of Acts and Omissions 6. Types of Duties that Can Serve as a Basis for Criminal Liability in Omissions 7. Differences in the Level of Punishment between Acts and Omissions 8. Distinguishing between Result and Conduct Crimes 9. Distinguishing between Active and Passive Euthanasia. Summary and Future Outlook

Gyorgy Lukacs and a Marxist Theory of Law : Origins and Development of Juridical Complex, Language and Interpretation (Hardcover)

Preface.??Introduction??Part I: Lukacs, the ontology of social being and the ontological critique of law??1. Law, the relative autonomy of social complexes in social reproduction and the development of legal form and specificity? 2. Relative autonomy of the spheres of social being, reproduction and specialization of social complexes: the case of law and its functioning? 3. Legal mirroring and method in the face of positivist manipulation? 4. Rule of law, legal manipulation and class struggle??5. Morals, ethics, law and everyday life??6. Language, theory of law and Class Struggle??Part II: On the foundations of today’s theory of law ? contribution to the critique of legal positivism and its dialogue with the philosophy of language and philosophical hermeneutics??7. On the indispensability of an immanent critique of theory of law and the Lukacsian foundations for the critique of law??8. Kelsen and theory of law: limited reason and legal positivism? 9. Hart and legal positivism from World War II to the 1960s: from the delimitation of the object of pure theory to the abundant use of the philosophy of language? 10. Dworkin, philosophy of language, philosophical hermeneutics and the aestheticization of law.??Conclusion: towards a Marxist theory of law???????????

Derrida and Law : Justice and the Violence of Legality (Hardcover)

Introduction:?Force?v?Law?Part One: Law?1. Doing Justice to Deconstruction 2. In the Waiting Room?of Injustice: Pascal, Kafka, Derrida 3. Is Deconstruction Justice? 4.?Nasorum vis: Hate Inside and Outside Law 5. Justice without Force 6. Derrida’s Wake: Radical Patience between Justice and Forgiveness?Part Two: Force?7. The Divine Tantrum: On Law and Anger 8. Sacrifices: On a Footnote in ‘Critique of Violence 9. De-expiation and the Bloodless Strike: On the Force of the Incalculable 10. The Suicide of the Critique of Violence 11. What does a Weak Language Say About Law? 12.?Apres la loi: Kafka, Benjamin, Derrida 13. Afterword: Derrida and Benjamin

Derrida and Law : Justice and the Violence of Legality (Paperback)

Introduction:?Force?v?Law?Part One: Law?1. Doing Justice to Deconstruction 2. In the Waiting Room?of Injustice: Pascal, Kafka, Derrida 3. Is Deconstruction Justice? 4.?Nasorum vis: Hate Inside and Outside Law 5. Justice without Force 6. Derrida’s Wake: Radical Patience between Justice and Forgiveness?Part Two: Force?7. The Divine Tantrum: On Law and Anger 8. Sacrifices: On a Footnote in ‘Critique of Violence 9. De-expiation and the Bloodless Strike: On the Force of the Incalculable 10. The Suicide of the Critique of Violence 11. What does a Weak Language Say About Law? 12.?Apres la loi: Kafka, Benjamin, Derrida 13. Afterword: Derrida and Benjamin

Groundless Law : Hans Kelsen’s Critical Legal Theory (Hardcover)

Introduction 1. Pure interpretation: Kelsen in the 21st century 2. Pure concepts: Reality is not the object of legal science 3. Pure normativity: The Grundnorm 4. Pure science: Kelsen’s norms of thinking 5. Pure attitude: The state is dead 6. Pure deconstruction: The play of the double genitive 7. Pure politics: Sovereign violence and autoimmune democracies 8. Conclusion

Status in Law and Morality (Hardcover)

Paradoxical Ethics (Hardcover)

Spinoza's Critique of Hobbes : Law, Power, Freedom (Hardcover)

Third-Party Funding and Ethical Ecosystem of International Arbitration: Conflicts of Interest, Professional Duties, and Regulatory Responses (Hardcover)

Mind and Law: A Socio-Cognitive Perspective on Communication, Emotion, and Conflict Resolution in Legal Contexts (Hardcover)

Law Beyond Code : Technology and the Future of Normativity (Hardcover)

Introduction?1. Cyberlaw. A New Approach 2. Law and Neuropolitics 3. Technology and Legal Norms 4. Conclusion

Fictions, Lies, and the Authority of Law (Paperback)

Law Meets Film: Taxonomy of an Encounter (Paperback)

Law, Ethics and Human Vulnerability: Global Perspectives on Responsibility and Governance (Hardcover)

Reasons, Respect, and the Law : Jurisprudence as Practical Philosophy (Hardcover)

Vulnerability and Sexual Assault Law : The Inadequacy of the Autonomy-based Approach (Hardcover)

Introduction: Vulnerability and Sexual Assault Law: The Inadequacy of the Autonomy-based Approach 1. The Vulnerability Challenge 2. Intoxication and Consent: A Hierarchal Response? Is Autonomy the Problem? 3. Insights from the Treatment of Those with a ‘Mental Disorder’ 4. Alternative approaches 5. Radically Reforming the Law: Vulnerability and Penetration as a Prima Facie Wrong 6. Autonomy and Vulnerability: Potential Reform to the Legislation. Conclusion: Beyond the Law

Against Legal Punishment : An Argument for Abolition (Hardcover)

Introduction; 1: Punishment Intends Harm;?2: Why Intending Harm Matters; 3: Desert;?4: Deterrence; 5: A Plea for Epistemic Humility;?Conclusion;?References

A Philosophical Approach to War Crimes Trials : Between Theory and Practice (Hardcover)

Foreword, William A. Schabas; Introduction, Wibke K. Timmermann and Predrag Doj?inovi?;?PART I:?Definitions: Matters of Proof and Elements of Crimes;?1. Between the Divine Image and Radical Freedom: Conceptualizing and Applying Human Dignity in International Criminal Law, Wibke K. Timmermann; 2. Deciphering Conundrums of Intent, Carl-Friedrich Stuckenberg; 3. Forbidden Intentions: Purpose, Pretext, and Double Effect in International Humanitarian Law, Alexander K.A. Greenawalt; 4. Rethinking the Winds of Causation: Philosophical Foundations and Legal Applications in International Criminal Trials, Predrag Doj?inovi?;?PART II:?The Search for Truth: The Importance of Understanding the Reasons for International Crimes;?5. Injecting the Concepts of Qualia and Lebenswelt into War Crimes Trials, Anna Vyshniakova and Volodymyr Volkovskyi; 6. Truth in War Crimes Trials, Yvonne McDermott; 7. Moral Luck, Legal Luck, and the Prosecution of Former Child Soldiers, Shannon Fyfe; 8. The Banality of Personal Motives in International Criminal Trials, Juan Pablo Calderon Meza;?PART III:?The Search for Justice and Reconciliation;?9. Phenomenology and Atrocity Victims, Gregory S. Gordon and Ryan Martinez Mitchell; 10. Srebrenica, Conscience, and the Search for Justice at the ICTY/IRMCT, Dan Saxon; 11. Global Justice Beyond Punishment, Margaret M. DeGuzman and Katherine McAuliffe; 12. The Reconciliation Goal of International Criminal Tribunals: Towards a Theory of Indirect Impact, Sigall Horovitz; 13. Amnesties and Pardons at the International Criminal Court, Meritxell Regue;?PART IV:?The Point of It All: Whither International Criminal Justice?;?14. Fairness: Between Justice, Beauty and Whiteness?, Frederic Megret; 15. The ICC between Law and Power: Past, Present, Future?, Yael Vias Gvirsman; 16. The 'Oneness of Humanity' as the Starting Point for International Criminal Justice, Rod Rastan.

Constitutional Facts?: (Dis)Covering Another Procedural Reality (Hardcover)

Crises, Emergencies and Constitutional Law : Interpretation and Adjudication in Europe (Hardcover)

1. Introduction: Constitutional Interpretation and Emergencies in Europe, Fruzsina Gardos-Orosz and Zoltan Szente; 2. Have the German courts been too deferential in their COVID cases?, Anna-Bettina Kaiser; 3. Keeping Balance in the Pandemic: Constitutional Interpretation in Times of Emergency in Austria, Konrad Lachmayer; 4. Constitutional Interpretation in States of Emergency in Italy, Cesare Pinelli; 5. Constitutional Interpretation in Emergency in Spain, Francisco Balaguer Callejon; 6. The COVID-19 case law of the Lithuanian Constitutional Court, Vaidotas A. Vai?aitis; 7. Legal Interpretation in Times of Crisis: How Polish Courts Navigate States of Emergency, Monika Florczak-W?tor; 8. Constitutional Interpretation in Emergencies in the Czech Republic: Searching for an Adequate Level of Judicial Deference to the Executive, Pavel Ond?ejek; 9. Instrumental Constitutionalism: The Strategic Use of Interpretation by the Hungarian Constitutional Court under a Special Legal Order, Zoltan Szente and Fruzsina Gardos-Orosz; 10. Constitutional Interpretation in Emergencies in Romania, Bianca Selejan-Gu?an; 11. Constitutional interpretation in emergencies: Croatia, Djordje Gardasevic; 12. The Court of Justice of the European Union in Times of Crisis: A Study of Emergency Interpretation, Claudia Cinnirella; 13. Derogations and Beyond: The European Court of Human Rights' response to Emergencies, Alan Greene; 14. Conclusion: Constitutional Interpretation in Times of Crisis in Europe, Fruzsina Gardos-Orosz and Zoltan Szente.

Hermeneutics of Law: From Ancients to Contemporaries (Hardcover)