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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

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

The Rebirth of Contract is a critical investigation for judges, academics, and students into the contrived genesis and ill-advised nature of the purported contract law doctrine of 'promissory estoppel.' It argues that this doctrine was artificially invented and historically unprecedented, and offers economic and moral grounds for repudiating it. The book also presents an analytic framework for deciding 'promissory estoppel cases' using traditional contract law tools. By tracing the historical development of Anglo-American contract law since the Norman conquest of England, the book provides a forensic investigation into and refutation of the claims of historical precedent upon which promissory estoppel was marketed to the American judiciary and academy. The Rebirth of Contract further includes a law and economics analysis of both traditional contract law and promissory estoppel, focusing on Pareto improving transactions. Finally, it offers a roadmap for returning to traditional contract law.

Putting Promissory Estoppel to the Sword

The Rebirth of Contract

The typographic form of judgment stages the authoritative presence of the common law. It is in the encounter with typographic materials that legal meaning is generated, yet typographic legality--the material expression of law as visual text--is rarely examined. In this book, Thomas Giddens refocuses critical attention by studying the history of the common law's visual technologies and unpacking the heritage, meanings and techniques of its typographic appearance. It thereby develops new methodological approaches for reading the common law's primary materials as visual media. From the archive as a typographic theatre of jurisdiction, to early law report printing, to the mass duplication of reports and their entanglement in the project of empire, to the common law's digital display, Typographic Legality encounters enduring questions of legal authority, media and technology in the material details of the common law's textual form.

The Source and Transmission of the Common Law

Typographic Legality

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

The Basics

This book introduces readers to the topic of misinformation. In recent years, many people have become worried about fake news, misinformation, disinformation, and the like. Is this concern justified or a panic over nothing? Misinformation: The Basics provides readers with a short, accessible introduction to the topic and includes chapters answering the following questions:<ul> <li>What is misinformation?</li> <li>Why is there so much more misinformation nowadays?</li> <li>Why are we in a misinformation crisis-is it the result of sabotage or market forces?</li> <li>How is misinformation harmful?</li> <li>What can we do to solve the misinformation problem?</li> </ul>With a glossary of key terms, suggestions for further reading, and lesson plans for teachers and reading groups, Misinformation: The Basics is an ideal starting point for audiences interested in the study of news and information.Key Features<ul> <li>Covers a wide range of misinformation, from fake news and disinformation to deepfakes and memes</li> <li>Offers an interdisciplinary evaluation of misinformation, drawing on work in philosophy, economics, psychology, and media studies</li> <li>Clearly sets out the role that technology like social media, smartphones, and the internet played in the rise of a digital, interconnected media landscape.</li> </ul>

Misinformation: The Basics

Law and Practical Reason

This is a book about law and its impact on our practical reasoning. Drawing from Bernard Williams, the book argues that our practical engagements with the law are complex and often obscure. It begins with a novel view on practical reason that is called open-minded reasons internalism. This is a view that emphasises how certain considerations can bear on action for concrete agents, and in doing so it is an explanatory account of reasons and actions. The account is receptive to the considerations that makes much of people's lives: the motivations and dispositions they have, the notions of character and identity, and respect. The book claims that this account helps in making sense of much of the richness seen in real life in how concrete agents engage with the law. It provides the tools to explain when and why an agent identifies herself totally with the law, as Inspector Javert did in Les Misérables, but it can also explain the attitude of respect that many law-abiding citizens have, and even the merely prudential considerations of OW Holmes' famous 'bad man'. What emerges from this book is a view on law and practical reason that takes seriously the phenomenology of action. This book will be of interest to anyone interested in philosophical accounts of how we engage our practical reasoning with complex social practices.

Jurisprudence as Practical Philosophy

Reasons, Respect, and the Law

Die juristische Methode und ihre Kritik können auf eine lange Geschichte zurückblicken. Einen Meilenstein bildet der sogenannte "Methodenstreit", der um die Frage kreist, was geschieht, wenn in der Rechtspraxis Urteile gefällt werden? Die Antwort lautet: Es entscheiden nicht nur Texte, sondern auch das Rechtsgefühl, da Juristen Menschen sind. Herausforderungen wie Künstliche Intelligenz verdeutlichen die Grenzen mechanistischer Ansätze, da KI keinen Leib hat, keine Gefühle kennt und ihre Entscheidungen oft undurchsichtig bleiben. Angesichts dieser Defizite wird die klassische Methode, soweit sie an den Erfordernissen von Transparenz, Kohärenz, menschlicher Erfahrung und juristischer Überzeugungskraft festhält, auch im Zeitalter der Digitalisierung eine Zukunft haben.

Zur Geschichte ihrer Kritik und den Aussichten auf eine Rehabilitation im 21. Jahrhundert

Juristische Methode

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

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

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

The Economics of Legal Relationships

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

A Guide to Posner's Economic Analysis of 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

Powers of Judgment

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