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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

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

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

Law as a Human Science

From Labour Law to the Constitution

Freedom of Association

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 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

ASIL Studies in International Legal Theory

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

Law and the Unity of Practical Reasoning

'Donald J. Robertson is one of my favourite writers' - Ryan Holiday, bestselling author and founder of The Daily Stoic 'One of the best books ever written on the power and practicality of philosophy for building a good and successful life' - Tom Morris, bestselling author of Plato's Lemonade Stand and Stoicism for Dummies How can we apply the teachings of the greatest ancient philosopher to modern life? Socrates is the most famous ancient philosopher and the source of the entire Western philosophical tradition. He spent his life teaching practical philosophy to ordinary people in the streets of Athens, yet few people today are familiar with the wisdom he has to offer us - until now. In this groundbreaking book, Donald J. Robertson, a practising cognitive-behavioural psychotherapist, transports readers back to the streets of ancient Athens, expertly weaving together a page-turning account of the visionary man to show us how we can apply Socratic ideas to our daily lives. Through a vivid, semi-fictionalized narrative, readers are transported to the streets of ancient Athens to witness Socrates's journey firsthand - from his military service and public trials to his ultimate execution. This engaging guide introduces the core Socratic principles and reveals how his method of rigorous self-examination is more relevant than ever in a world filled with misinformation. 'Engagingly written and highly accessible, especially innovative in highlighting the significance of Socratic philosophy for modern readers' - Chris Gill, Professor Emeritus of Ancient Thought, Exeter University

Ancient Philosophy as a Way of Life

How To Think Like Socrates

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

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

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

Anna Irene Baka challenges dominant liberal and legalist paradigms in international law by reinterpreting the right of peoples to self-determination through the lenses of Aristotelian philosophy, phenomenology, social psychology, and corrective justice.
Focusing on high-profile postcolonial conflicts in Kosovo, Cyprus, and Palestine, Baka argues that abstract international and constitutional legal doctrines on self-determination fail to account for the lived realities of collective deprivation and historical trauma. Baka offers a compelling critique not only of mainstream theories of self-determination, but also of the shortcomings of critical movements such as Critical Legal Studies. In their place, she advances a renewed ethical and conceptual framework for international law-one grounded in responsibility, rational judgment, and moral engagement. This interdisciplinary method brings fresh insight into questions of collective identity, legitimacy, and the moral accountability of law itself. Ultimately suggesting that meaningful responses to historical injustice require international jurists to cultivate intellectual independence and legal virtue, this is a timely and essential contribution for scholars and practitioners of international law, human rights, legal philosophy, and global justice.

Ethics, Law, and the Politics of Justice

Self-Determination Beyond Liberal Legalism

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the 'Promise of Legality'.

Critical Reflections on the Work of TRS Allan

The Promise of Legality

Powers of Judgment

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