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Foundations of Modern International Thought
Between the early seventeenth and mid-nineteenth centuries, major European political thinkers first began to look outside their national borders and envisage a world of competitive, equal sovereign states inhabiting an international sphere that ultimately encompassed the whole globe. In this insightful and wide-ranging work, David Armitage – one of the world's leading historians of political thought – traces the genesis of this international turn in intellectual history. Foundations of Modern International Thought combines important methodological essays, which consider the genealogy of globalisation and the parallel histories of empires and oceans, with fresh considerations of leading figures such as Hobbes, Locke, Burke and Bentham in the history of international thought. The culmination of more than a decade's reflection and research on these issues, this book restores the often overlooked international dimensions to intellectual history and recovers the intellectual dimensions of international history.
eBook
A theory of legal obligation
The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.
Book
Political Constitutionalism
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
eBook
Crimes, Harms, and Wrongs
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and ‘paternalistic’ prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. ‘this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.’ James Chalmers ‘Crimes, Harms, and Wrongs … is a welcome addition to this field, and should clarify the reader’s thinking on a breathtakingly broad range of issues. … This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.’ Findlay Stark ‘the result of [the authors’] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.’ Justice Gilles Renaud ‘A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.’ Vincent Chiao ‘an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg’s four volumes … an outstanding contribution to the re-invigorated criminalization debate.’ Andrew Ashworth ‘important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read … This is an absolutely wonderful book.’ Douglas Husak
eBook
The Concept of Law from a Transnational Perspective
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
eBook
Brewing Legal Times
Much socio-legal scholarship assumes that even if experiences of law and time differ, people and laws exist within an overarching, shared timeframe. In Brewing Legal Times , Emily Grabham boldly departs from this assumption, drawing on perspectives from actor-network theory, feminist theory, and legal anthropology to advance our understanding of law and time.
Grabham argues that human, material, and legal relationships constantly generate new temporalities because of human and nonhuman interactions. By engaging with the creative potential of “things” such as cells, viruses, reports, legal documents, and more, our understanding of law and time is subject to change. In challenging the scholarship on the materiality of time and law, Brewing Legal Times encourages us to confront the multiple and mundane ways in which time is enacted through legal networks.
eBook