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Cover for 9781138814141 Cover for 9781138672789 Cover for 9780415710213 Cover for 9781138787261 Cover for 9780415618922 Cover for 9781849467797 Cover for 9781509904624 Cover for 9781849467995 Cover for 9781509905133 Cover for 9781472439444 Cover for 9781472427601 Cover for 9781472430397 Cover for 9781472431745 Cover for 9781849464499 Cover for 9781509908448 Cover for 9781138955110 Cover for 9781138684195 Cover for 9781138690219 Cover for 9781138669185 Cover for 9781138696563 Cover for 9781107142909 Cover for 9781316506189 Cover for 9781138669086 Cover for 9780674971059 Cover for 9781138188761 Cover for 9780134438580
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Product Description: What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance―punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure―is expressed by the idea of "cruel and unusual punishment...read more
By Joshua Nichols (editor)

Hardcover:

9781138814141 | Routledge, August 7, 2017, cover price $140.00 | About this edition: What is the meaning of punishment today?

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Hardcover:

9780415710213 | Routledge, June 24, 2014, cover price $125.00

Paperback:

9781138787261 | Routledge, June 9, 2015, cover price $48.95

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Product Description: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment...read more
By Magnus Ulvang (editor)

Hardcover:

9781509905133 | Hart Pub, December 15, 2016, cover price $94.00 | About this edition: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law?

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Hardcover:

9781472439444 | New edition (Routledge, October 5, 2016), cover price $335.00

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Hardcover:

9781472427601 | Routledge, October 5, 2016, cover price $315.00

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Hardcover:

9781472430397 | New edition (Routledge, October 5, 2016), cover price $325.00

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By Wendell Wallach (editor)

Hardcover:

9781472431745 | New edition (Routledge, November 1, 2016), cover price $325.00

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The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.

Hardcover:

9781849464499 | Hart Pub, June 16, 2014, cover price $77.00 | About this edition: The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey.

Paperback:

9781509908448 | Hart Pub, September 29, 2016, cover price $39.95

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Product Description: In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’)...read more

Hardcover:

9781138955110 | Routledge, September 12, 2016, cover price $145.00 | About this edition: In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment.

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Product Description: Against the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some...read more

Hardcover:

9781138690219 | Routledge, September 7, 2016, cover price $140.00 | About this edition: Against the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased.

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Hardcover:

9781138669185 | Routledge, September 6, 2016, cover price $135.00

Product Description: Taking Michel Foucault’s genealogical analysis of power and resistance as its starting point, the book asks, from below, is there something in the very nature of law – that is, in its discursive and institutional dynamics, in its spatial, material, and temporal coordinates; in its own conceptual categories, claims, mechanisms, and processes – that makes it something more than the mere instrument and armature of power? If those in power can utilize the devices of law and justice to achieve political ends, isn’t there something about these devices that can accommodate fresh articulations? Contending that there are, indeed, discursive, spatial, and temporal resources that can be reconfigured and redeployed as a counter-power and counter-discourse against sovereignty, the book takes as its focus the judicial apparatus; and, more specifically, the concept of the political or show trial...read more

Hardcover:

9781138693951 | Routledge, September 6, 2016, cover price $145.00 | About this edition: Taking Michel Foucault’s genealogical analysis of power and resistance as its starting point, the book asks, from below, is there something in the very nature of law – that is, in its discursive and institutional dynamics, in its spatial, material, and temporal coordinates; in its own conceptual categories, claims, mechanisms, and processes – that makes it something more than the mere instrument and armature of power?

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Hardcover:

9781138696563 | Routledge, September 5, 2016, cover price $150.00

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This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.

Hardcover:

9781107142909 | Cambridge Univ Pr, August 29, 2016, cover price $115.00

Paperback:

9781316506189 | Cambridge Univ Pr, August 29, 2016, cover price $44.99 | About this edition: This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law.

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Product Description: A rich collection of interdisciplinary essays, this book explores the question: what is to be found at the intersection of the sensorium and law’s empire? Examining the problem of how legal rationalities try to grasp what can only be sensed through the body, these essays problematize the Cartesian framework that has long separated the mind from the body, reason from feeling and the human from the animal...read more
By Christiane Wilke (editor)

Hardcover:

9781138188761 | Routledge, August 22, 2016, cover price $150.00 | About this edition: A rich collection of interdisciplinary essays, this book explores the question: what is to be found at the intersection of the sensorium and law’s empire?

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