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ENGLISH

Nature And Impacts Of Noncompliance

by Edvaldo Moita

51,26€ + 10% CARD

 Over 2 billion people (61% of the world''s employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon''s legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT), Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi), and the 2024 RCSL-ISA Adam Podgórecki Prize.
ENGLISH

Nature And Impacts Of Noncompliance

by Edvaldo Moita

51,26€ + 10% CARD

 Over 2 billion people (61% of the world''s employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon''s legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT), Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi), and the 2024 RCSL-ISA Adam Podgórecki Prize.
ENGLISH

Agency, Morality And Law

by Joshua Jowitt

52,46€ + 10% CARD

 How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth''s Principle of Generic Consistency (PGC), which - through a dialectically necessary argument - locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule''s legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
ENGLISH

Agency, Morality And Law

by Joshua Jowitt

52,46€ + 10% CARD

 How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth''s Principle of Generic Consistency (PGC), which - through a dialectically necessary argument - locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule''s legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
ENGLISH

Paradigms In Modern European Comparative Law - A History

by Bal Zs Fekete

45,30€ + 10% CARD

 This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the ''empathic'' use of some ideas from Kuhn''s theories on the history of science - paradigm, paradigm-shift, puzzle-solving research and incommensurability - the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
ENGLISH

Paradigms In Modern European Comparative Law - A History

by Bal Zs Fekete

45,30€ + 10% CARD

 This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the ''empathic'' use of some ideas from Kuhn''s theories on the history of science - paradigm, paradigm-shift, puzzle-solving research and incommensurability - the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
ENGLISH

Legal Validity - The Fabric Of Justice

by Maris K Pcke

42,92€ + 10% CARD

 Critical human interests are affected on a daily basis by appeal to past decisions deemed to be ''legally valid''. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity''s point: whether, and if so how, the pervasive technique of validity can contribute to a legal system''s ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.
ENGLISH

Legal Validity - The Fabric Of Justice

by Maris K Pcke

42,92€ + 10% CARD

 Critical human interests are affected on a daily basis by appeal to past decisions deemed to be ''legally valid''. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity''s point: whether, and if so how, the pervasive technique of validity can contribute to a legal system''s ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.
ENGLISH

Global Constitutionalism And Its Challenges To Westphalian Constitutional Law

42,92€ + 10% CARD

 Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
ENGLISH

Global Constitutionalism And Its Challenges To Westphalian Constitutional Law

42,92€ + 10% CARD

 Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
ENGLISH

Democracy And Ontology - Agonism Between Political Liberalism, Foucault And Psychoanalysis

by Irena Rosenthal

42,92€ + 10% CARD

 This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal philosophy. In fact, political liberalism, a highly influential paradigm founded by the philosopher John Rawls, makes the avoidance of ontology a core ambition of its ''political, non-metaphysical'' programme. In contrast to political liberalism, this book argues that attending to ontological disputes is essential to political and legal philosophy. Illuminating, criticising and developing ontological arguments does not only enhance our understanding of justice, but also highlights key features of democratic citizenship. The argument is built up by bringing together three traditions of thought that have so far not been confronted with one another: political liberalism, the work of Michel Foucault, and the psychoanalytic theories of Sigmund Freud and Donald Winnicott. The book also investigates more concrete implications of ontological disputes by drawing on several case studies: a Dutch political-legal debate about greeting rituals; an American conflict about the legalisation of religious freedom; and the struggles for resilience of two American social movement groups.
ENGLISH

Democracy And Ontology - Agonism Between Political Liberalism, Foucault And Psychoanalysis

by Irena Rosenthal

42,92€ + 10% CARD

 This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal philosophy. In fact, political liberalism, a highly influential paradigm founded by the philosopher John Rawls, makes the avoidance of ontology a core ambition of its ''political, non-metaphysical'' programme. In contrast to political liberalism, this book argues that attending to ontological disputes is essential to political and legal philosophy. Illuminating, criticising and developing ontological arguments does not only enhance our understanding of justice, but also highlights key features of democratic citizenship. The argument is built up by bringing together three traditions of thought that have so far not been confronted with one another: political liberalism, the work of Michel Foucault, and the psychoanalytic theories of Sigmund Freud and Donald Winnicott. The book also investigates more concrete implications of ontological disputes by drawing on several case studies: a Dutch political-legal debate about greeting rituals; an American conflict about the legalisation of religious freedom; and the struggles for resilience of two American social movement groups.
ENGLISH

Tapestry Of Reason - An Inquiry Into The Nature Of Coherence And Its Role In Legal Argument

by Amalia Amaya

59,61€ + 10% CARD

 Although coherence theories of law and adjudication have, recently, been extremely influential in legal scholarship and have significantly advanced the case for coherentism in law, a number of problems remain. This, the first concerted attempt to develop a coherence-based theory of legal reasoning, addresses, or at least mitigates these problems.
ENGLISH

Tapestry Of Reason - An Inquiry Into The Nature Of Coherence And Its Role In Legal Argument

by Amalia Amaya

59,61€ + 10% CARD

 Although coherence theories of law and adjudication have, recently, been extremely influential in legal scholarship and have significantly advanced the case for coherentism in law, a number of problems remain. This, the first concerted attempt to develop a coherence-based theory of legal reasoning, addresses, or at least mitigates these problems.
ENGLISH

Introduction To Comparative Law Theory And Method

by Geoffrey Samuel

33,38€ + 10% CARD

 This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems.
ENGLISH

On Law And Legal Reasoning

by Fernando Atria

119,25€ + 10% CARD

 This book seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning.
ENGLISH

Methodologies Of Legal Research - Which Kind Of Method For What Kind Of Discipline?

38,15€ + 10% CARD

 This book explores questions about the coverage and identity of legal research in terms of its expansion to an interdisciplinary field.
ENGLISH

Making The Law Explicit - The Normativity Of Legal Argumentation

by Matthias Klatt

113,29€ + 10% CARD

 This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.
ENGLISH

Policy Of Law - A Legal Theoretical Framework

by Mauro Zamboni

113,29€ + 10% CARD

 The book focuses on the relationship between law and politics as perceived by the legal community and the transformation of politics into law.
ENGLISH

Legisprudence - A New Theoretical Approach To Legislation

166,95€ + 10% CARD

 The essays in this book develop a range of new insights into the relationship between legislative problems and legal theory.
ENGLISH

Law As Communication

by Mark Van Hoecke

119,25€ + 10% CARD

 This text argues that our conception of the legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach. It analyses the main problems of jurisprudence from such a perspective.
ENGLISH

Epistemology And Methodology Of Comparative Law

131,18€ + 10% CARD

 These papers seek to answer the fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
ENGLISH

Objectivity In Law And Legal Reasoning

113,29€ + 10% CARD

 This book critically questions the possibilities of objectivity in legal theory in the 21st century. The essays in the collection come from a variety of perspectives and seek to highlight that legal theory is unavoidably confronted with varying conceptions of law which limit the possibilites of objectivity in law and in legal reasoning.
ENGLISH

Methodologies Of Legal Research - Which Kind Of Method For What Kind Of Discipline?

38,15€ + 10% CARD

 This book explores questions about the coverage and identity of legal research in terms of its expansion to an interdisciplinary field.
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