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Giglio Francesco: Law as Philosophy

Law as Philosophy

How Reasoning Shapes Legal Reality

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance.

The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro.

Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

European Academy of Legal Theory Series

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

Building a New Legal Framework

Foetal Tissue Governance

This volume explores the various intellectual property dynamics that emerged during the Cold War, circa 1946-1980. This period brought about some of the most poignant moments in the development of twentieth-century international intellectual property rights, when competing economic systems recognised the value in innovation, human creativity, cinema, and international intellectual property norms and institutions. Examining these developments from a Cold War approach can say much more as it allows for the examination of processes and norms that cater to strong domestic intellectual property rules in Western capitalism while yielding to 'universal' or 'common' property norms in copyright in socialist states. This volume connects some of the different advances made in the international emergence of these competing developments regarding intellectual property rights and emphasises the role of intellectual property institutions, processes, and universalism that helped keep Cold War rivals on the same normative, foundational street for intellectual property rights. Contributors are: P. Sean Morris, Peter. B. Maggs, Lodewijk van Dycke, Hans Morten Haugen, Phillip Johnson, Jose Bellido, Johanna Gibson, Sarah Rajec, Hannibal Travis, Johanna Dahlin, and Jocelyn Bosse.

The Cold War Structure of International Intellectual Property Law, 1946-1980

How Terms of Service Reshaped Society, the Economy, and Our Future

Death by a Thousand Clicks

Providing everything you need to know about the law governing gambling in the UK, an expert team offers practical guidance covering all key areas.

Smith and Monkcom on the Law of Gambling

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

This open access book argues that the scarcity created by the under-production of vaccines during the Covid-19 years was an entirely predictable, even legitimate consequence of how the international patent system works. Far from being a technical sub-discipline of intellectual property law that simply protects inventions, the international patent system is prismatic of the ways in which we fail to adapt to the challenges of our times: patent rights are intended to incentivise innovation for societal benefit, but in fact facilitate predictable injustice. The patent system ignores the care-constituted nature of our lives, prioritising limiting notions of fairness at the cost of structural harms. The Social Life of Intellectual Property proposes an ethic of just care to temper justice in the global governance of technology. It explores intellectual property as recurring social processes and explains why individual agency and shared responsibility are implicated. On an ecologically imperilled planet, and in a time between pandemics, we must reckon with what we are socialised to believe is legally possible. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Justice, Patents, and Care

The Social Life of Intellectual Property

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

This book is the first collection of essays on Bernard Williams' moral and political philosophy to shed light on the nature of law, and key legal concepts. By the time of his death in 2003, Williams was widely regarded as the most important moral philosopher of his generation. Surprisingly, his work is still largely under-discussed in legal theory. This book aims to fill this gap with brand new discussions from scholars both from law and philosophy. The first part of the book focuses on Williams' work on responsibility and regret and its implications for law. Drawing from Ancient Greek authors, Williams maintained that luck might play a key role in our practices of responsibility and that some dimensions of responsibility are tied to the notion of having a character. What we do - intentionally or not - might affect our understanding of ourselves and of our place in the world. How do those ideas help us in making sense of legal responsibility? How broader concerns about our practices of responsibility impact the law? Those are some of the questions addressed by the authors in this part. The second part looks at how Williams' understanding of philosophy can shape the way we do jurisprudence. Williams' work on the methodology of philosophy combines resources from analytical philosophy, continental authors, history, and literature. He understood philosophy as a humanistic discipline. The authors in the second part of the book draw from Williams' work, notably his innovative take on the genealogical method, to discuss how we could practice legal philosophy in this same spirit.

From Agency and Responsibility to Methodology

Bernard Williams on Law and Jurisprudence

Anthem Critical Introductions

A history of immigration law as a legal discipline: how it has been constrained and unconstrained by developments in migration policy, international law, constitutional law and legal theory.

An Intellectual History of Migration Law and Policy c.1535-2020

Law as Philosophy

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