An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism.Building upon European and American critical legal scholarship, Michelle Eve...

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy wit...

The notion of "the public sphere" has become increasingly central to theories and studies of democracy, media, and culture over the last few decades. It has also gained political importance in the context of the European Union's efforts to strengthen democracy, integration, and identity.The Idea of the Public Sphere offers a wide-ranging, accessible, and easy-to-use introduction to one of the most influential ideas in modern social and political thought, tracing its develop...

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs.Accessibly written for a w...

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights fo...

A Times Higher Education Book of the Week Judith Butler elucidates the dynamics of public assembly under prevailing economic and political conditions, analyzing what they signify and how. Understanding assemblies as plural forms of performative action, Butler extends her theory of performativity to argue that precarity—the destruction of the conditions of livability—has been a galvanizing force and theme in today’s highly visible protests. “Butler’s book is everything that a book ...

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve individu...

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show j...

International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also fro...

Bernard Williams is remembered as one of the most brilliant and original philosophers of the past fifty years. Widely respected as a moral philosopher, Williams began to write about politics in a sustained way in the early 1980s. There followed a stream of articles, lectures, and other major contributions to issues of public concern--all complemented by his many works on ethics, which have important implications for political theory.This new collection of essays, most of them previ...

Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down di...

This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.