Jurisprudence & Philosophy of Law

The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legislation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. These the..

Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about indivi..

This title was first published in 2003. Taking an original approach to the analysis of legal argument, The Logic of Equality identifies the structure of concepts such as 'sameness' and 'difference' and applies these to leading cases in non-discrimination law...

This volume makes an important contribution to the ongoing lively discussion of European constitutionalism by offering a new perspective and interpretation on European constitutional plurality. It combines a diverse disciplinary approach with analytical clarity to ensure it will be a valuable point ..

This collection brings together a group of scholars to discuss the operation of ' the public' in a range of different legal, illegal and alegal spaces. It asks whether and in what manner ' the public' operates as an interface between law and society. This volume reflects an understanding that there ..

This collection brings together a group of scholars to discuss the operation of ' the public' in a range of different legal, illegal and alegal spaces. It asks whether and in what manner ' the public' operates as an interface between law and society. This volume reflects an understanding that there ..

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights an..

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights an..

This collection of eighteen key essays from jurists, political theorists and public law political scientists, explores the role law plays in the political system. The first eleven essays identify the standard features associated with the rule of law. The next seven essays then explore how different..

Innovatively interpreting Japanese politics as a ’benign elite democracy’, and based on unprecedented access to former and current justices of the Supreme Court of Japan, this book represents the first empirical study of judicial decision making under the Constitution of Japan. Author Hiroshi Itoh e..

Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world...

Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world...