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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

The Politics of Adjudication addresses the pragmatics of legal decision making. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance.

The Politics of Adjudication

Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation.


He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the 'war on terror', and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.

Will it Survive?

The Rule of Law Under Fire

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation. He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the 'war on terror', and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.

This book provides the first exploration of panda fandom, a term denoting the community built upon the deep and intimate emotional connections between fans and giant pandas. The book uncovers the dynamic relationship among China, the West, and the giant panda, rooted in over two centuries of cross-cultural encounters.Drawing from extensive fieldwork at the Chengdu Research Base of Giant Panda Breeding, the book explores how panda fandom has evolved as a result of China's participation in global capitalism, cultural exchange, and diplomatic strategy. This book aims at showing that panda fandom, although taking its shape in the Chinese nation currently, has been a consequence to the expansion of Western imperialism, colonialism, and capitalist industrialization in the Chinese community since the 18th century. It undertakes the task of inquiring how the Chinese communities, through the figure of the giant panda, have responded and made sense of this modern transformation. The book is loosely organized around the chronological order of the development of the panda fandom and can be divided into two parts. The first part explains the emergence of the panda fandom, and the second part deals with interviews. Through a rich blend of personal narratives, historical documents, daily observations, and carefully crafted interviews, it provides a fresh perspective on how cuteness, biopower, and nationalism shape both Chinese identity and the lived experiences of these fans. Based on an intimate look at the bond between panda fans and their beloved animal, the book also relates the panda fandom to theories of the more-than-human and multispecies world.The book will be beneficial to students and academicians interested in fan studies, popular culture, animal-human relations, conservation, and the consumption of animals. It will also be of use to anyone who wants to identify himself/herself as a panda fan and has navigated the panda-human relationship by their own means.

Nation, Capitalism, and Biopower

Panda Fandom

Brings together contributions from the leading legal historians of both the current and next generations on topics spanning the entirety of law's history in England and Europe.

Querella

Essays in Law and History for David Ibbetson

Routledge Contemporary Issues in Criminal Justice and Procedure

This book critiques the autonomy based theoretical foundations of the legal response to sexual offences. To do so it examines the legal treatment of incapacitated rape victims arguing that the autonomous foundations have created a hierarchal response that forces individuals to be responsible for avoiding harm. The book uses vulnerability theory in two innovative ways. It challenges the foundations of the autonomous liberal legal subject in sexual offences, and it suggests a new sexual offence based on a vulnerability lens. Through this understanding of vulnerability, it argues that an autonomy-based approach is at the core of the inadequate response to sexual assault complainants. It therefore encourages readers to rethink what we know about what it means to be human, how we view sexual offences, and how we treat incapacitated complainants. The book blends theory and policy to offer new and holistic ways to rethink our response to sexual offences and challenges the formulation of the subjective nature of consent and sexual assault. The book will be of interest to researchers, academics and policy-makers working in the areas of Criminal Justice, Criminology, Gender Studies and Social Policy.

The Inadequacy of the Autonomy-based Approach

Vulnerability and Sexual Assault Law

Routledge Revivals

First published in 1980, Copyright offers an explanation and an analysis of the wider implications of copyright as an instrument for ordering the flows of information and culture within and among societies. The book traces the development of copyright and related rights with emphasis on the policy aspects and on how copyright was influenced by and in its turn influenced the users of new information technology.Significant discussion is devoted to the international aspects of copyright, its unique position in international law, and its role in the relations between industrialized and developing countries. Having provided a basic understanding of copyright principles and their implications, the authors then analyse how well or badly copyright is coping with the various information and communication technologies that have developed primarily in the twentieth century. Finally, they discuss how copyright operates in a modern technological society, the existing challenges to copyright, and its prospects for the future.

Intellectual Property in the Information Age

Copyright

This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent. This book's fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.

Legal Temporalities of Sexual Consent

Transforming Legal Histories

This book presents a fresh approach to the writing of legal history as an essentially textual enterprise. It argues that to write any history is to tell a story. In doing so, it appreciates the place, not just of context and contingency in the history of law, but also humanity.

Writing Ironic Legal Histories

Law, History, Text

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

Hart Studies in Constitutional Theory

A collection of essays from Dieter Grimm, Germany's most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.

Between Law and Politics

Constitutional Courts and Judicial Review

Powers of Judgment

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