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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

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 new edition of the landmark text Law and Society exposes readers to the dominant theoretical perspectives and sociological methods that are used to explain the interplay between law and society.

Law and Society

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

Human Rights Law in Perspective

What is the reality of what it is to participate in associations, such as sports clubs, charities, trade unions, or political parties? This book explores the complexities surrounding the right of association from a legal and philosophical perspective. Legal chapters explore how the right is protected in jurisdictions as diverse as Chile, Germany, Indonesia, Kenya, Slovenia, Türkiye and the United Kingdom, alongside thematic chapters on judicial review, associational schism and the lived experience of associational participation. Philosophical chapters employ social ontology to illuminate the nature of group interaction and the reality of associational life. Offering the first interdisciplinary examination of freedom of association, this collection contributes significantly to our understanding of this fundamental right.

Insights from Philosophy and Law

Associational Life and Freedom

Modern Studies in European Law

The European Union undoubtedly has and continues to face a period of crisis and this book assesses this critical juncture in its history. It adopts a unique multidisciplinary approach drawing on philosophy, social theory, and law, and focusing on the European institutional framework and EU law on free movement and citizenship. This perspective leads to the conclusion that central to the EU's problems is the non-emergence of a European people. This multifaceted approach also allows the author to suggest how the EU might move positively beyond its current challenges. This book provides a genuinely fresh and innovative comment on a much-examined question.

Between Immunity and Recognition

The Search for a European People

This book proposes a regulatory system for ensuring that AI makes fair decisions.

No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. 

The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve.

However, regulation is not an abstract activity - it regulates how humans behave, and the humans in question are those who develop and use AI for decision-making. Thus the book investigates how those humans are attempting to achieve AI fairness. It finds that there is a serious mismatch between how technologists conceptualise fairness, compared to other humans. How can AI regulation bridge this gap?

Traditional models of regulation cannot solve this problem. Fairness is too nuanced, too contextual, and is ultimately a human emotional response. Instead the book proposes to place the responsibility on the AI community to explain and justify their efforts to achieve fairness, basing regulatory and legal responses on how well that explanation deals with the risks that particular AI presents, and whether the AI operates in accordance with the explanation in use.

The book concludes by examining how far this regulatory model might be useful for some of the other social problems which AI generates. 

An original and significant contribution to the literature on AI regulation, this book is a must-read for those working in the areas of law, regulation, and technology.

Law, Regulation, and Technology

AI Fairness and Beyond

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

How should criminal law be used to address corporate misconduct effectively? Through a doctrinal and theoretical analysis, A Theory of Corporate Crime puts forward a defence of the 'failure to prevent' model of corporate liability and its liberal-welfarist framework, as a key part of the answer to that question. Delving into its conceptual and moral foundations, this book contrasts the failure-to-prevent model with the traditional identification doctrine and other rival theories, revealing its relative advantages for addressing wrongdoing associated with medium and large-sized companies. It critically evaluates recent legislative developments, including the Economic Crime and Corporate Transparency Act 2023, and traces the shift in emphasis from classical liberal principles towards a liberal-welfarist framework. Subsequent chapters analyze key defenses to corporate crime and the attribution of wrongdoing to corporate entities. A Theory of Corporate Crime argues that addressing serious corporate wrongdoing requires more than punitive sanctions. Instead of relying solely on punishment, legal systems should prioritize rehabilitating the corporation and promoting its reintegration as a socially responsible corporate citizen.

A Theory of Corporate Crime

This book offers an ambitious and novel approach to understanding tort law in a post-national context spanning the context of products' liability and value chain liability. It offers a persuasive and striking new approach to tort liability which argues for a greater liability and accountability of these actors.

European Tort Law and the Society of Networks

Network Responsibility

Understanding Jurisprudence provides an illuminating and engaging introduction to the central questions of legal theory. It is the perfect starting point for those new to the subject. Addressing students directly, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable, student focussed guide, balancing concise introductions to the key theorists and core issues such as punishment and rights, without ignoring the subtleties of the subject. Key features · An extremely readable and stimulating account for all law students, offering the ideal support for a legal theory module, as well as providing valuable context for the study of law in general · Written by an experienced academic and author, the text explains complex ideas with clarity, without avoiding the subtleties of the subject · Exposes students to a broad range of key theorists and concepts, along with issues such as punishment and rights which are treated thematically · Features pithy extracts and extensive further reading to introduce and explain the central scholarly works, ideas, and commentaries which shape legal theory, providing the ideal base for further study · End of chapter self-test questions are integrated into the digital versions of the book to help students test their understanding of jurisprudence · Also available as an e-book with multiple-choice questions and other functionality, navigation features, and links that offer extra learning support New to this edition points · Expanded discussion of theories of justice, globalization, the challenges to the rule of law following the change in US administration in January 2025, and environmental protection · New section on judicial review developments in Eastern Europe and democracy elsewhere · Analysis of the right to life reconsidered in the light of the US Supreme Court's overturning of Roe v Wade, and the proposed legislation on assisted dying in England and Wales · Consideration of new theories on the subject of animal rights · New discussion on capital punishment · Updated suggested further reading lists and self-test questions Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with self-test questions with instant feedback, guidance and advice on studying jurisprudence, interactive flashcards of key glossary terms, links to useful websites, further reading suggestions, functionality tools, navigation features and links that offer extra learning support. For more information about e-books, please visit ww.oxfordtextbooks.co.uk/ebooks

An Introduction to Legal Theory

Understanding Jurisprudence

Cambridge Intellectual Property and Information Law

This book retraces the emergence of conceptions of authorship in late-eighteenth-century Germany by studying the material form of Immanuel Kant's 1785 essay, 'On the Wrongfulness of Reprinting'. Drawing upon book history, media theory, and literary studies, Benjamin Goh analyses the essay's paratexts as indices of literary production in the German Enlightenment. Far from being an idealist proponent of intellectual property, Kant is shown to be a media theorist and practitioner, whose critical negotiation with the evolving print machinery in his time helps illuminate our present struggle with digital technology and the mounting pressures borne by copyright as a proprietary institution. Through its novel perspective on established debates surrounding authorship, this book critiques the proprietary conception of authorship in copyright law, and proposes an ethical alternative that responds to the production, circulation, and reading of literature. This title is also available as open access on Cambridge Core.

Rereading Authorship and Copyright with Kant

The Materiality of Literature

Court of Session Practice Issue 97 Feb 26

Powers of Judgment

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