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Court of Session Practice Issue 97 Feb
26

Court of Session Practice Issue 97 Feb 26

Law and Practical Reason

What does it take for someone-or something-to count as a legal person? Is it a matter of biology, ideology, or both?


This book explores how societies determine who or what qualifies as a legal person, from individual humans to corporations, from nation-states to environmental entities.


The author argues that legal personhood is not grounded in fixed, mind-independent properties or logical entailments. Instead, it develops from how humans experience their physical and cultural worlds through embodied cognition. Mapping these experiences onto seemingly discrete (legal) concepts yields a categorisation process that is creative yet patterned by culturally entrenched models and institutional aims.


The book introduces the "radial conception," which posits that legal personhood is a flexible, context-dependent category centred around a core case. The core case - often, in many legal systems, the adult citizen of sound mind - is a mental model that helps define the category and influences how we think about it. This makes the most typical features of a category the default ones we think of when encountering it. As new situations arise or social needs evolve, legal personhood expands outward from the core case to include a diverse range of entities. However, this expansion does not follow rigid rules; rather, it relies on conceptual mappings that derive much of their persuasive power from cognitive tools like metaphors, metonymies, and image schemas.


Of interest to students engaged in legal philosophy, academics exploring the interplay between cognitive science and law, practitioners aiming to deepen their knowledge of legal personhood, or anyone intrigued by the merging of legal concepts and psychological insights, this book charts new territory in understanding law's persons.

What the Mind Reveals About Law

The Concept of Legal Personhood

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Balancing Protection and Exclusion

Law, Place and Maps

Inspired by the philosophy of Emmanuel Levinas, this book shows that for justice to be realised law must be understood to originate in transcendence rather than in violence, conflict and the sacred - prevalent themes in philosophies of law and the political.To this end, the book takes up the case of 'scapegoating': evident in Carl Schmitt's influential theory of the 'friend-enemy' dichotomy as the essence of the political, and here considered as a paradigm of injustice. After considering positivist approaches to the law, as well as a case study that considers the question of what it would mean for Aboriginal people to be treated justly, the book shows that pragmatic, positivist and immanent approaches to the law and the scapegoat cannot deal with 'bad' law and cannot provide an insight into the nature of justice as 'good' law. The book then draws further on Levinas to demonstrate the necessity of law's foundation, not in immanence, as is widely presupposed, but rather in transcendence.Law and Transcendence will appeal to scholars in law, philosophy and political theory and especially to those with interests in sovereignty and power.

The Question of Justice

Law and Transcendence

"This timely and fascinating book focuses on the dynamic interpretation of Hans Kelsen's General Theory of Norms. The book sheds a new light on Kelsen by engaging with key contemporary philosophical concepts, such as explanation and understanding, supervenience, and conceptual metaphors. By considering both contemporary philosophy and classic concepts, the book creates a novel theoretical landscape worth exploring"--

A Dynamic Approach to Hans Kelsen's General Theory of Norms

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

Introduction to Criminal Justice ISE

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Although International Humanitarian Law regulates various aspects of warfare, it remains silent on suicide attacks. Suicide Attacks and International Humanitarian Law interrogates this omission, arguing that it reflects underlying biases and rigid binaries within International Humanitarian Law that struggle to accommodate complex narratives of agency surrounding the deaths of suicide attackers. In this comparative study, Vishakha V. Wijenayake juxtaposes International Humanitarian Law principles with cultural narratives surrounding three distinct cases: the Kamikaze pilots of World War II, Liberation Tigers of Tamil Eelam's female suicide attackers in the Sri Lankan non-International Armed Conflict, and martyrdom operations conducted by jihadist non-State armed groups. Integrating insights from anthropology, philosophy, and religious studies, this book analyzes the nuanced embodiments of agency in these contexts, revealing how cultural depictions of suicide attackers challenge International Humanitarian Law's traditional victim-perpetrator binary. These narratives present suicide attackers not as passive instruments of violence, but as individuals whose actions are laden with cultural and collective meanings that unsettle International Humanitarian Law's reductive approach to combatant agency. Through its analysis, Suicide Attacks and International Humanitarian Law forwards a critical framework for engaging with diverse conceptions of intentionality and agency, advocating for more culturally inclusive approaches within International Humanitarian Law.

Culture, Agency, and Combatant Deaths

Suicide Attacks and International Humanitarian Law

Cambridge Law Handbooks

This Handbook analyses pressing legal and policy issues that have arisen in the rapidly changing media ecosystem: from threats to media freedom and pluralism and the safety of journalists to challenges arising from the shift to platform-based communication, the spread of disinformation and the impact of AI on media and news production. Seeking to pave the way for new, integrated regulatory responses, the individual chapters address legal and policy developments from an overarching perspective that includes insights from human rights law, media law and copyright law. Following this holistic approach, the Handbook identifies common principles for a coherent regulatory framework for news and media in Europe. It evaluates existing laws and media governance institutions in light of the economic, technological and political challenges posed to the media sector. The individual contributions present new directions for an integrated approach to European media law and policy. This title is also available as open access on Cambridge Core.

The Cambridge Handbook of Media Law and Policy in Europe

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

Court of Session Practice Issue 97 Feb 26

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