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Facts and Norms in Law
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
Legal Realism Regained
Legal Realism Revisited presents a comparison between two schools of American Legal theory - American Legal Realism and Critical Legal Studies - and argues that Legal Realism still holds the most promise for understanding and reforming law.
A Philosophy of Madness
The philosophy of psychosis and the psychosis of philosophy: a philosopher draws on his experience of madness. In this book, philosopher and linguist Wouter Kusters examines the philosophy of psychosis—and the psychosis of philosophy. By analyzing the experience of psychosis in philosophical terms, Kusters not only emancipates the experience of the psychotic from medical classification, he also emancipates the philosopher from the narrowness of textbooks and academia, allowing philosophers to engage in real-life praxis, philosophy in vivo. Philosophy and madness—Kusters's preferred, non-medicalized term—coexist, one mirroring the other. Kusters draws on his own experience of madness—...
The Importance of Ideals
Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
God Blew and They Were Scattered
GOD BLEW, AND THEY WERE SCATTERED is the saga of the Taelmann family, who were found in the Spanish Netherlands, (today's Belgium) during the 16th century rejuvenation of the Spanish Inquisition, reinstated by the Catholic Church, under the cruel rule of Philip II of Spain (1556-1598). As the story unfolds, the reader will detest the army commander; fear the Jesuit priests; abhor the meddling viceroys; applaud "Cook" Verhult; weep for Lily; revel in the romance of Jacques and Anna; and, fall in love with a black stallion, called Noble.
Trade, Urbanisation and the Family
Flanders, best known for its large cities and export-grade woollen cloth, is the setting for these articles. Professor Nicholas here emphasises the region's broader importance in the economy of medieval Europe as a focus of demand for grain and industrial raw materials. Imports to supply the bloated internal markets were more important in establishing the Flemish cities and creating the capital base of their elites than were cloth exports, which by the 14th century were being undercut by competitors from England and Brabant. The second part of the book looks at the turbulent domestic politics of the Flemish cities, conditioned by a network of nuclear and extended families whose personal antagonisms and heightened consciousness of honour led to decimating vendettas of a severity once associated mainly with Italy. It also examines the mix of urban and rural interests that characterised the elite, showing for instance that the famous van Arteveldes were as noteworthy in the swamps of northeastern Flanders as in the streets of Ghent.
Courts in Evolving Societies
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework.
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.
Ronald Dworkin
Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.
Habermas
This book offers a critical analysis of the complex theory of law and democracy developed by celebrated German philosopher and public intellectual Jurgen Habermas."
