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The Faces of Virtue in Law
This book gathers together leading voices in virtue theory—an increasingly influential aspect of legal theory in the 21st century—to take stock of virtue jurisprudence’s evolution and suggest ways in which this approach can be further developed. The contributions address the three main axes along which virtue jurisprudence has unfolded in the past decades: the quest to provide a suitable virtue-based foundation for the law (in general) or for some aspects of it (in particular, but not exclusively, criminal law); the investigation of the role played by character traits in legal decision-making; and the investigation of how the law can be part of a virtuous life. As will become apparent ...
After Public Law
The rapidly transforming legal landscape calls into question the conceptual and value structures modern concepts of public law are built upon. Examining the nature and scope of public law, this volume casts new light on the contemporary and future status of public law, asking what might come after public law in a global legal world.
The Anxiety of the Jurist
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.
The Public in Law
Bringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.
Being Apart from Reasons
Being Apart from Reasons deals with the question of how we should go about using reasons to decide what to do. More particularly, the book presents objections to the most common response given by contemporary legal and political theorists to the moral complexity of decision-making in modern societies, namely: the attempt to release public agents from their argumentative burden by insulating a particular set of reasons from the general pool of reasons and assigning the former systematic priority over all other reasons. That strategy is apparent both in Rawls’ claim that reasons concerning the right are systematically prior to reasons concerning the good and in Raz’s claim that pre-emptive...
The Courtroom as a Space of Resistance
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hear...
Direito Privado, Razão e Justiça
Nas últimas décadas, a já tradicional utilização de instrumentos filosóficos para a compreender e desenvolver o Direito Privado ganhou renovado impulso a partir de um rápido progresso em vários campos da filosofia. Avanços na teoria da justiça convidam a revisitar o tema das relações entre Direito Privado e justiça. Novos insights na filosofia política impõem repensar os laços entre o Direito Privado e o domínio público. Desenvolvimentos na epistemologia ajudam a avaliar teorias rivais sobre um ou outro aspecto do Direito Privado. Novas perspectivas em lógica e argumentação ajudam a entender os argumentos típicos do doutrinador e do advogado. São esses os instrumentos que Cláudio Michelon, catedrático de Filosofia do Direito da Universidade de Edimburgo, tem explorado nos últimos 20 anos, em estudos sobre o Direito Privado, muitos dos quais inéditos no Brasil. O presente volume reúne nove destes escritos, alguns dos quais traduzidos especialmente para essa edição.
Polity and Crisis
European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether...
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
Legal Positivism in a Global and Transnational Age
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamic...
