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Critelli N: The Maxims of Equity

The Maxims of Equity

Anthropology, Law, and Political Morals

Some Versions of Legalism

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments.But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history.Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept.Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It considers the way in which this theory regards 'property' as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems. The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

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

Sharing economy promised a way of using property for the mutual benefit of owners and consumers, but in the last decade it has only worked to profit large commercial platforms. This book shows how institutions of risk management are part of this problem and offers a solution: collaborative risk structures. The book uncovers risk as the missing element in accounts of property theory and sharing economy. Drawing on diverse insights from economic theory and legal studies, it explains how property and private law form a risk management infrastructure which reinforces private property, and examines the paralysing effects this has on sharing, by constraining it to extractive market relations and stifling its collaborative potential. The book argues that overcoming these constraints is key to realising collaborative property and curbing the drawbacks of private ownership. It proposes institutional design principles and offers heuristic solutions such as radical uses of private law tools and insurance mechanisms to build a collaborative risk system capable of supporting more equitable and diversified forms of sharing.

Risk in the Sharing Economy

This book investigates measures to increase diversity in the legal profession of England and Wales and the impact of equality law on what has been done, focussing on how law enables organisations lawfully to take positive or affirmative action. The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society. The evidence paints a puzzling picture of the law on positive action being both very little known and seen as limiting what employers do to advance equality, much as significant positive action has been taken anyway, at least in this section of the legal profession. The glimpse into legal practice revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that the larger forces driving inequality mean that liberalizing positive action laws was never likely to make much difference. This case study therefore cautions against overestimating equality law's power to deliver change while putting forward strategies for enhancing its effectiveness. At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal interventions function in practice before deploying them, and for the full implications of law's limits to be traced through in politics and society. The urgent need is for renewed effort to discover and build other mechanisms for addressing inequality and the many other major challenges we currently face.

Positive Action and the Limits of the Law

Diversity in the Legal Profession

Scholars of Commercial Law

Discourses of Law

Introduction to the Work of Pierre Legendre

This open access book introduces the first systematic approach to the debate on the unity or fragmentation of practical reasoning and its profound implications for legal philosophy. Bringing together some of the foremost legal philosophers from the Hispanic-Latin world, the book presents a thoughtful dialogue with the Anglo-American literature, making it of interest to scholars from both cultural traditions. Although the topic is rarely discussed explicitly and systematically, it is pivotal to ongoing debates about legal normativity, the nature of law, legal authority, and the rationale behind legal decisions. This book fills this gap by providing a comprehensive perspective that illuminates the intersections between the philosophy of law and the philosophy of practical reasoning. It analyses law from the perspective of the agent and offers deep insights into critical issues in the field of law. The volume is divided into four parts. The 1st part addresses the question of the nature of reasons and the unity of practical and theoretical reasoning. The 2nd part deals with the question of whether practical reasoning works in a unified or fragmented way. The 3rd section examines the autonomy of legal normativity in relation to morality and other normative domains. In the 4th and concluding section, the authors analyse the implications of the thesis of the unity of practical reason for legal decision-making and the authority of law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and the Unity of Practical Reasoning

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

This book offers a novel jurisprudential account of law by arguing for a conceptual understanding of participation as foundational to a general explanation of law and legitimate authority. In doing so, the book challenges dominant accounts, arguing that the existing failure to separate an explanation of law's authority from the concept of its legitimacy has left a general explanation of law incomplete. From this, the book argues, both general jurisprudence and broader society have suffered. This is especially so for societies that tend to fall outside the Euro-American concern of much mainstream analytical jurisprudence. The historical experience of such societies, however, reveals much of normative and analytical significance. Bringing together normative, historical archival, and case study analysis, the book develops a positive account of law that highlights the importance of participation as a multifaceted process in the continuous historical development of law and legal system in any society. This account, the book argues, is crucial to a more complete explanation of law's authoritative function and normative legitimacy. The book's account of participation, further, foregrounds a broader and more normatively robust understanding of the relationship between a general explanation of law and other philosophically fundamental ideals, namely: freedom, justice, democracy, and deliberation. The book's examinations, which integrate arguments from scholarship in African political philosophy with mainstream arguments in analytical jurisprudence, lead it to new and original answers to longstanding questions in legal philosophy about the nature of law's authority, it's legitimate justification and, the grounds also, for collectively disobeying it.

Participation, Freedom, and the Communal Question of Justice

Law’s Moral Legitimacy

The Maxims of Equity

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