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Alexy Robert: The Alexy-Poscher Debate
on Legal Principles

The Alexy-Poscher Debate on Legal Principles

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

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

Studies of the Oxford Institute of European and Comparative

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

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

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

The 'fresh start' that is afforded individual debtors through the discharge doctrines of American bankruptcy law has, to date, defied justification by a single normative principle or theoretical paradigm. The justificatory accounts that have been advanced either fail to explain core doctrines that have long defined the right of discharge or invite theoretical challenges that suggest that their descriptive virtues are swamped by their normative or conceptual shortcomings. This book presents a taxonomy of traditional justifications of bankruptcy and subjects them to critical evaluation. It then seeks to offer a new justification of bankruptcy's 'fresh start' doctrines-one that takes its inspiration from a quite different moral tradition than those that have informed past efforts to justify and explain our enduring societal willingness to release people from onerous financial obligations. The book argues that personal debt relief is fully vindicated not by a utilitarian theory, nor by a distributive justice theory, nor by a retributive theory, nor by any other rights- or duties-based theory that is preoccupied with moral claims that particular creditors or debtors might proffer. Rather, the long-standing institution of discharge in bankruptcy is best explained by an aretaic, or virtue-based, theory that concerns itself with the obligations that the rest of us have to be charitable towards those who are unable to repay their debts. The fresh start that bankruptcy gives to those who have been shackled by overwhelming debt is justified not by its effects on creditors, debtors, or future market actors, but by its satisfaction of the demands of individual charity to which all citizens are subject. Bankruptcy's discharge of the debts of those who have become financially desperate is best thought to be an institution that aggregates others' demands of good character so as to permit citizens for whom debt-forgiveness is a personal virtue to live in a society that fulfils that virtue.

The Virtue of Bankruptcy

Debts and the Demands of Conscience

Landmark Cases

Substantive Cases

Landmark Cases in EU Law, Volume 2

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

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Best Practices for Law

Forensic Science Evidence

Lex Amicitia draws a long history of the law of friendship - from Aristotle to Derrida - into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

The Alexy-Poscher Debate on Legal Principles

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