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Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals.
Becoming Who We Are clarifies the political and existential aspects of Stanley Cavell's understanding of ordinary language and of skepticism, and shows the close connection between his reception of Kant, Heidegger, and Austin and his exploration of what Emersonian Perfectionism offers to democracy and modern life.
The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
This edited volume sheds light on why, even though he lost the 2020 election, more than 74 million people—nearly half of the American population—voted for Donald Trump. In his four years, President Trump was a divisive figure. Authored by scholars and activists from an array of disciplinary areas and backgrounds, this book addresses why certain groups of voters found Trump appealing, how the Trump campaign utilized fear and conspiracy theories to woo voters, lessons Democrats should learn from the 2020 election, and the role activism had in the election and in the continuation or amelioration of Trumpism.
This collection of essays investigates the relevance of Stanley Cavell's work to political philosophy.
"Cristina Beltran's powerful book The Trouble with Unity is timely for our age of Obama in which an ugly anti-immigrant spirit looms large. Don't miss it!"---Cornel West, Princeton University --
Scholars from a variety of fields, including prominent political and legal theorists, philosophers, and intellectual historians, take up the question of whether democratic politics requires talk about truth, and, if so, how truth should matter to democratic politics.
Guilty Acts, Guilty Minds proposes an understanding of actus reus and mens rea (the guilty act and guilty mind) as limits on the authority of a democratic state to ascribe guilt. Going beyond discussions of legal justice, Stephen Garvey argues for actus reus and mens rea as necessary conditions, among others, for the legitimacy of state punishment.
An incisive, eminently readable study of the evolving relationship between punishment and social order