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Oxford Legal Philosophy

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.

Penner J: Property Rights: A
Re-Examination

Property Rights: A Re-Examination

<ul><li>Table of Contents</li> <li>Preface</li> <li>Abbreviations</li> <li>Part One: The Complex Structure of Legal Title to Property</li> <li>1: The 'Bundle of Rights' Picture of Property Revisited</li> <li>2: Two Nominalisms: Moral-Political Nominalism and Scientific Reductionist Nominalism</li> <li>Part Two: Hohfeldian Analysis and Legal Property Rights</li> <li>3: Hohfeldian Liberties</li> <li>4: The Problems with Powers</li> <li>5: Multital Jural Relations</li> <li>6: The Transmissibility of Rights and the Power to Transfer Title</li> <li>Part Three: The Form and Justification of Legal Property Rights</li> <li>7: Exclusion, Use and Usability</li> <li>8: The Justification of Property Rights</li> <li>9: Rights in Land</li> <li>A Conclusion of Sorts</li> </ul>

The Principle of Legality reopens the question of what happens when statutory interpretation overrides common law rights and principles. Drawing on the philosophy of language and general jurisprudence, it demonstrates that judges, when invoking the 'principle of legality', are in fact engaging in profound moral reasoning.

A Moral Theory

The Principle of Legality

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Value and Circumstance revisits the most prominent political and moral ideals of the twentieth century: justice, consent, equality, and law. It asks what they tell us about the connections between the ideal and the everyday, between enduring moral values and the fragile contingencies of time and place.

Justice, Consent, Equality, and Law

Value and Circumstance

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

In Elucidating Law, Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.

Elucidating Law

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, which the author terms 'redressive justice'.

The Right of Redress

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

Coercion and the Nature of Law

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

Law and Morality at War

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

A Theory of Legal Personhood

This book offers an analysis of the state as a moral and legal wrongdoer that draws upon the philosophy of corporate agency and collective responsibility. It examines how the state can be held morally to account for its actions, and what forms of legal liability might be developed for state wrongdoing.

States as Wrongdoers

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. 

Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.

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 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

Social Justice

This book takes as its focus the judicial apparatus; and, more specifically, the concept of the political or show trial. The book considers the different ways in which a politics of resistance is enabled in the courtroom: as it uncovers a performative logic that contingently conditions, and thus breaks open, law’s otherwise closed normativity.

Toward a Performative Epistemology of the Political Trial

Law and Resistance

How can our criminal law retain legitimacy in an era of growing awareness about the complexities of human vulnerability and the far-reaching harm of punitive attitudes? The Boundaries of Blame makes a fresh contribution to the evolving scholarship on the relationship between criminal responsibility and social justice. It challenges the constricted view of personhood underpinning doctrines of responsibility, encouraging new conversations about longstanding questions on the role of circumstances like deprivation and trauma in excusing wrongdoing. Testing entrenched boundaries can provoke resistance, but the book argues that pushing past these limits is essential to fostering a more just framework of state blame in our present time and place. To achieve this objective, Kennefick proposes a bold yet pragmatic response in the form of a Universal Partial Defence, grounded in the Real Person Approach - a blueprint that offers a practical and humane pathway towards a fairer measure of criminal accountability.

Brings social justice to criminal responsibility through a 'real person' approach to blaming people. It is essential reading for researchers and scholars of criminal law and justice across common law jurisdictions. It appeals to general readers interested in reform, proposing how law can blame in a fairer way.

Towards a Universal Partial Defence for the Criminal Law

The Boundaries of Blame

New Directions in Critical Criminology

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Restorative Justice Practice

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

"Reconstructing Parentage offers a fresh perspective on the source of parental rights and duties. By scrutinizing the personal and political relationships tied to parenthood, this book develops a pluralistic theory of parentage law that provides a comprehensive solution to ongoing debates surrounding legal parentage"--

Reconstructing Parentage offers a fresh perspective on the source of parental rights and duties. By scrutinizing the personal and political relationships tied to parenthood, this book develops a pluralistic theory of parentage law that provides a comprehensive solution to ongoing debates surrounding legal parentage.

Reconstructing Parentage

"This book is for everyone who believes the legal system should do more to protect animals, and who wants a bold account of how we might ensure that it does so. The book will also be of interest to those concerned with the questions of whom the law serves and why"--

Animals and the Foundation of Legal Inclusion

Multispecies Legality

Routledge Frontiers of Criminal Justice

A Central European Perspective

The Use of Algorithms in Criminal Law

Against Nine to Five Philosophy

Ethics, Law and the Business of Being Human

Cambridge Law Handbooks

This volume is the first introduction to 'experimental jurisprudence,' a growing field that addresses legal philosophy's questions with empirical methods. Leading scholars of law, philosophy, and psychology discuss vital philosophical debates about criminal law, legal interpretation, and private law, and cutting-edge topics including law and AI.

This volume is the first introduction to 'experimental jurisprudence,' a growing field that addresses legal philosophy's questions with empirical methods. Leading scholars of law, philosophy, and psychology discuss vital philosophical debates about criminal law, legal interpretation, and private law, and cutting-edge topics including law and AI.

The Cambridge Handbook of Experimental Jurisprudence

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

Property Rights: A Re-Examination

Inhalt

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

Inhalt

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

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