Legal Theory

The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in..

This book discusses the teaching of ‘legal ethics’, arguing that the current formal rules governing lawyers are inadequate, as true engagement with ethical issues requires lawyers to exercise judgment, and therefore there is a need to rethink the aims, scope and methodology of ‘legal ethics educatio..

The Experience of Tragic Judgment..

Adjudication between conflicting normative universes is always in a sense tragic. And what is called for is not to be found in an impersonal set of procedures. Rather, what is needed, Julen Etxabe argues, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgment draw..

Written by the eminent German historian, Michael Stolleis, these two ‘Essays on Legal History’ - The Eye of the Law and In the Name of the Law - offer an original and compelling history of the symbolism through which law is characterised as being 'above' us.  ..

Addressing the foundation of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assesment of the usual distinction between legal positivism and the sociology of law...

Addressing the foundation of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assesment of the usual distinction between legal positivism and the sociology of law...

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan...

The Law of Deliberative Democracy examines the extent to which the legal regulation of politics matches deliberative democratic ideals, and how and whether they should try to do so. The book’s unifying question is: ‘How does the law constrain, enable and guide deliberation in the way it governs the ..

The Law of Deliberative Democracy examines the extent to which the legal regulation of politics matches deliberative democratic ideals, and how and whether they should try to do so. The book’s unifying question is: ‘How does the law constrain, enable and guide deliberation in the way it governs the ..

First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a ..

The Legal Theory of Carl Schmitt provides a detailed analysis of this thinker, who was so crucial to the development of Western legal thought...