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The Materiality of the Legal Order
This Element aims to explore how the relation between societal organisation and legal orders – the question of materiality – has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still provide some insights for a contemporary analysis of legal orders' materiality: materialism, legal institutionalism, and the new materialism. The last section of the Element suggests looking for a footing for the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders.
The Cambridge Handbook on the Material Constitution
Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.
The Legacy of Pluralism
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
Hannah Arendt and the Law
This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn fro...
National and Regional Parliaments in the EU-Legislative Procedure Post-Lisbon
Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.
The Legitimacy of European Constitutional Orders
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
Jurisprudence
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism, critical race theory, the challenges of digital technology, and the emergence of new legal subjects. Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.
Jurisprudence
This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.
Constitutional Change in the Contemporary Socialist World
After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world China, Cuba, Laos, North Korea, and Vietnam which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents o...
Research Handbook on Law and Marxism
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
