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Technology, Health, and Law in Life and
Death

Technology, Health, and Law in Life and Death

Before the Cradle to Beyond the Grave

Law, Development and Globalization

Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sam Adelman offers a sustained examination of the contemporary phenomenon of sovereignty, arguing that it is only in overcoming the sovereign capacity to condone unnatural death that the possibility of an alternative, and human rights based, global order lies.

Addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance.

Sovereignty, Human Rights and Global Order

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU’s current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

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

Law and Anthropology

This volume addresses practical concerns of how to create space for legal anthropology in both law and anthropology programmes. Acknowledging that anthropologists and lawyers still often regard one another with a degree of suspicion, the authors try to bridge the apparent epistemological and ontological gulf separating the disciplines. They empathize both the need for law students to go beyond the standard approach to law while stressing the need for anthropologists to have a solid foundation in law, legal practice, and legal procedure. The collection also addresses the issue of preparing anthropologists to apply their expertise in legal settings as expert witnesses and consultants.

This volume addresses practical concerns of how to create space for legal anthropology in both law and anthropology programmes, and also more conceptual issues such as the ethnographic examination of the ‘culture’ of legal institutions and systems of state laws. It is based on testimonies from anthropologists teaching in anthropology departments, and legal scholars incorporating anthropology into their law curricula, and teaching fundamental aspects of legal thinking to anthropology students. Starting from an acknowledgement that anthropologists and lawyers still often regard one another with a degree of suspicion, the authors try to bridge the apparent epistemological and ontological gulf separating the disciplines. They do so by emphasizing both the need for law students to go beyond the standard approach to law based on state-centred positivism and open their eyes to the normative diversity that exists in all plural societies. At the same time, they stress the need for anthropologists to have a solid foundation in law, legal practice, and legal procedure to more effectively deal with a number of explicitly legal issues that are emerging as important concerns to anthropologists. The collection also addresses the issue of preparing anthropologists to apply their expertise in legal settings as expert witnesses and consultants.

Testimonies from Around Europe

The Trials and Triumphs of Teaching Legal Anthropology

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. 

Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was "even more certain" than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the "firm view" that "reasonable doubt exists as to Folbigg's guilt." 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children’s deaths. 

Two subsequent inquiries examined Folbigg’s convictions. In 2019, Commissioner Blanch concluded that Folbigg’s guilt was “even more certain” than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the “firm view” that “reasonable doubt exists as to Folbigg’s guilt.” 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law’s fact-finding processes and the legal system’s adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women’s credibility and demeanour.

The Wrongful Convictions of Kathleen Folbigg

Murder, Medicine and Motherhood

A Toolbox for Movement Lawyers

Lawyering for Liberation

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

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.

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

Modern Studies in European Law

Between Immunity and Recognition

The Search for a European People

IMLI Studies in International Maritime Law

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

A comparative perspective

Laytime and Demurrage

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Law, Place &amp; Maps: Balancing Protection and Exclusion analyse law’s distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how, both formally and formally, law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies – on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law – the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory. It will be of much interest to critical legal geographers and socio-legal scholars, as well as planning, environmental, intellectual property, housing and land use lawyers.

Balancing Protection and Exclusion

Law, Place and Maps

Technology, Health, and Law in Life and Death

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