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Power and Legitimacy
The implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU's complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration's dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state ...
Arguing on the Toulmin Model
In The Uses of Argument (1958), Stephen Toulmin proposed a model for the layout of arguments: claim, data, warrant, qualifier, rebuttal, backing. Since then, Toulmin’s model has been appropriated, adapted and extended by researchers in speech communications, philosophy and artificial intelligence. This book assembles the best contemporary reflection in these fields, extending or challenging Toulmin’s ideas in ways that make fresh contributions to the theory of analysing and evaluating arguments.
Fictionality
Does fiction enhance reality, or threaten our sense of what is real? What, if anything, is special about experiencing fictional works and worlds? Today we speak casually of parallel universes and virtual reality; how much do we really know about what these phenomena involve? In Fictionality, Karen Petroski explains how philosophers and literary theorists have approached these questions in the Western literary tradition, from Greek antiquity to the present day. The book introduces readers to both long-running and contemporary debates about: The value and dangers of engagement with fiction The origins of fictional artworks, especially literary works, in Western literature The role played by im...
A Research Agenda for Comparative Law
This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.
Authority and the Globalisation of Inclusion and Exclusion
Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.
Biopolitics and Structure in Legal Education
Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the bio...
The Passage to Europe
As financial turmoil in Europe preoccupies political leaders and global markets, it becomes more important than ever to understand the forces that underpin the European Union, hold it together and drive it forward. This timely book provides a gripping account of the realities of power politics among European states and between their leaders. Drawing on long experience working behind the scenes, Luuk van Middelaar captures the dynamics and tensions shaping the European Union from its origins until today. It is a story of unexpected events and twists of fate, bold vision and sheer necessity, told from the perspective of the keyplayers – from de Gaulle to Havel, Thatcher to Merkel. Van Middelaar cuts through the institutional complexity by exploring the unforeseen outcomes of decisive moments and focusing on the quest for public legitimacy. As a first-hand witness to the day-to-day actions and decisions of Europe’s leaders, the author provides a vivid narrative of the crises and compromises that united a continent. By revisiting the past, he sheds fresh light on the present state of European unification and offers insights into what the future may hold.
From Law and Literature to Legality and Affect
From Law and Literature to Legality and Affect argues for the continued vitality of Law and Literature. Traditional methods of Law and Literature are combined with work in critical media studies, affect, and cultural narratology to address topics such as ethnonationalism, anti-immigration sentiment, and systemic racism in Germany and the United States. Taking stock of the diversification of the field at fifty years, this book understands Law and Literature as a political project. It has a precedent in inaugural Law and Literature texts such as Jacob Grimm's Von der Poesie im Recht (On the Poetry in Law) from 1815/16, which imagined an alternative legal order that was grounded in the unity of...
Aristotelian Protestantism in Legal Philosophy
This book contains the first-time English translation of the main work of Paul Scholten, the General Method of Private Law. The introductory article analyzes Scholten’s view in contrast with a particular combination of Comte’s centralizing optimization program and Neo-Kantian Idealism, which is still dominant in political philosophy. Comte’s sociology and Scholten’s Jurisprudentialism are not presented here in the well-known opposition of Sein and Sollen, but by showing how their different views on scientific method are grounded in opposite views on the philosophical, political and ethical meaning of human action. Neo-Kantianism adheres to Comte’s view, while Scholten adheres to th...
Research Handbook on Legal Semiotics
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
