Legal Theory

This volume addresses the different ways in which legal cultures work in a modern society. It is based on a multi-level interpretation of the concept of legal culture...

The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. ..

This book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. It examines the sense in which we are multiply ‘bound beings’: to law and legal institutions, as much as we are to place, community, memory and the various social institutions..

This book explores those dimensions of religious and civil law where 'love'—however that is defined by relevant texts—fosters and encourages acceptance of 'the Other' and offers perspectives on the ways in which religious or civil/state law command one to act in the spirit of 'love'...

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? Clearly, for the use of violence to be legitimate it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not. It is this contesta..

Contract reached its highpoint as a conceptual tool in the Victorian era. As Victorians negotiated the balances of the sense of constraints and potential in this era of change, contracts assumed center-stage. Reading representations of promissory relations in canonic fiction against histories of con..

It is the very condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical wit..

How do lawyers, judges and jurors read novels? And what is at stake when literature and law confront each other in the courtroom? Nineteenth-century England and France are remembered for their active legal prosecution of literature, and this book examines the ways in which five novels were interpret..

How do lawyers, judges and jurors read novels? And what is at stake when literature and law confront each other in the courtroom? Nineteenth-century England and France are remembered for their active legal prosecution of literature, and this book examines the ways in which five novels were interpret..

In today’s digital society, many emphasise convergence and seek new regulatory approaches. In Medium Law, however, Mac Síthigh argues that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance...

This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law o..

This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law o..