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468 results in Jurisprudence

Page 1 of 24

Powers of Judgment
  • Hannah Arendt's Moral and Legal Philosophy
  • David Luban
  • Coming soon
  • Expected online publication date:
    June 2026
    Print publication:
    30 June 2026

Performing Law
  • Actors, Affects, Spaces
  • Edited by Peter Goodrich, Anna Jayne Kimmel, Bernadette Meyler
  • Coming soon
  • Expected online publication date:
    May 2026
    Print publication:
    31 May 2026
  • The words 'all rise' announce the appearance of the judge in the thespian space of the courtroom and trigger the beginning of that play we call a trial. The symbolically staged enactment of conflict in the form of litigation is exemplary of legal action, its liturgical and real effects. It establishes the roles and discourses, hierarchy and deference, atmospheres and affects that are to be taken up in the more general social stage of public life. Leading international scholars drawn from performance studies, theatre history, aesthetics, dance, film, history, and law provide critical analyses of the sites, dramas and stage directions to be found in the orchestration of the tragedies and comedies acted out in multiple forums of contemporary legality. This title is also available as open access on Cambridge Core.

Injurious Law
  • Nuclear Exposure and the Harms of Redress
  • Catherine Trundle
  • Coming soon
  • Expected online publication date:
    May 2026
    Print publication:
    31 May 2026
  • In the 1950s Britain joined the nuclear age, detonating 21 nuclear bomb experiments in Australia and the Pacific. In Injurious Law Catherine Trundle crosses countries and traverses decades to explore the lingering, metamorphizing impacts of radiation exposure and militarism. Through a compelling portrait of the lives of test veterans seeking compensation and healthcare, Trundle reveals how injury law, and the political and medical processes upon which it depends, generates a troubling paradox for claimants. While offering the possibilities for recognition and redress, the very process of making injury claims generates new and cascading harms. Recasting injury to include its social, moral and political aftereffects, Trundle exposes the quotidian and often banal practices that make the law injurious. Moving between archives, living rooms, laboratories, courts, parliament, and veteran social gatherings, Injurious Law offers a justice-centred lens for understanding legal contestations in the aftermath of radiation exposure and other invisible environmental harms.

The Failures of Others
  • Justifying Institutional Expansion in Comparative Public and International Law
  • Michaela Hailbronner
  • Coming soon
  • Expected online publication date:
    January 2026
    Print publication:
    31 January 2026
  • Arguments from failure – arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' – are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions – such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core.

Practices of Restitution
  • Law and Aesthetics in Modern Germany
  • Laura Petersen
  • Coming soon
  • Expected online publication date:
    January 2026
    Print publication:
    31 January 2026
  • Since the end of the Second World War, restitution in Germany – Wiedergutmachung – has been mainly understood as part of state or private law. This book offers a different approach, arguing that authors and artists have also taken up a responsibility for restitution. Deploying the literal translation 'making-good-again', this book focuses on the 'making' of law, literature and visual art to argue that restitution is a practice which is found in different genres, sites and temporalities. The practices of restitution identified are dynamic, iterative and incomplete: they are practices of failure. Nevertheless, in this book, the question of how to conduct restitution emerges as a material question of responsibility asked through the making of texts and objects in different genres, including law. The resulting text is a unique expansion and re-conceptualisation of the practices of jurisprudence, restitution and responsibility in the context of the aftermath in Germany. This title is also available as open access on Cambridge Core.

A Jurisprudence of Conversations
  • Law, Life and Feminism in Post-colonial India
  • Debolina Dutta
  • Coming soon
  • Expected online publication date:
    December 2025
    Print publication:
    31 December 2025
  • How do feminists, as lawyers and activists, think about, and do law, in a way that makes life more meaningful and just? How are law and feminism called into relation, given meaning, engaged with, used, refused, adapted and brought to life through collaborative action? Grounded in empirical studies, this book is both a history of the emergence of feminist jurisprudence in post-colonial India and a model of innovative legal research. The book inaugurates a creative practice of scholarly activism that engages a new way of thinking about law and feminist jurisprudence, one that is geared to acknowledge and take responsibility for the hierarchies in Indian academic practices. Its method of conversation and accountability continues the feminist tradition of taking reciprocity and the time and place of collaboration seriously. By bringing legal academics and sex worker activists into conversation, the book helps make visible the specific ties between post-colonial life and law and joins the work of refusing and reimagining the hierarchical formation of legal knowledge in a caste-based Indian society. A significant contribution to the history and practice of feminist jurisprudence in post-colonial India, A Jurisprudence of Conversations will appeal to both an academic and an activist readership.

Alter-Native Constitutionalism
  • Common-ing ‘Common' Law, Transforming Property in South Africa
  • Sindiso Mnisi
  • Coming soon
  • Expected online publication date:
    December 2025
    Print publication:
    31 December 2025
  • South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law.

The Technosystem of Free Speech
  • Enriching Fundamental Rights in a Digital Society
  • Christoph B. Graber
  • Coming soon
  • Expected online publication date:
    December 2025
    Print publication:
    31 December 2025
  • In this book, Christoph Graber explains how the fundamental right of freedom of expression is gradually being enriched to cover its technological prerequisites. It challenges the predominant legal view that technology is merely an instrument, arguing that this overlooks the complex interplay between technological materiality and communicative sociality. It builds on a core argument of science and technology studies, that there is interpretative flexibility in both the design and social reception of a technology, which lays the groundwork for a critical stance towards smart technologies and the corporations that control them. This approach can then be transposed into the legal sphere via Luhmann's systems theory. This book shows how normative expectations about digital technologies are formed and develop into legal norms and fundamental rights. It argues that, in order to achieve the implementation of fundamental rights, it is important to recognise their dimension as objective value judgments of a constitution, which the state has a duty to protect.

Hans Kelsen on Constitutional Democracy
  • Genesis, Theory, Legacies
  • Edited by Sandrine Baume, David Ragazzoni
  • Coming soon
  • Expected online publication date:
    December 2025
    Print publication:
    31 December 2025
  • This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar Europe significantly influenced Kelsen's evolving vision of democracy, as this volume shows. His contributions to twentieth-century democratic theory include groundbreaking insights into multiparty systems, mechanisms of moderation, minority protections, and judicial review. Furthermore, Kelsen's reflections on the crises and collapses of democracies during the 1930s remain strikingly relevant, offering valuable perspectives on contemporary challenges such as polarisation and populism. This title is also available as Open Access on Cambridge Core.

Law and Torture
  • Widening the Apertures from the Doctrinal to the Critical
  • Ergün Cakal
  • Coming soon
  • Expected online publication date:
    November 2025
    Print publication:
    18 December 2025
  • Contemporary understandings of torture are ruled by a medico-legal duopoly: the language of law (regulating definition and prohibition) and that of medicine (controlling understandings of the body in pain). This duopoly has left little space for contextual conceptualisation – of ideological, emotional and imaginational impulses which function in readily recognising some forms of violence and dismissing others. This book challenges the rigour of this prevailing duopoly. In its place, it develops a new approach to critique the central scripts of 'law and torture' scholarship (around progress, violence, evidence and senses). Drawing on socio-legal and critical-theoretical scholarship, it aims to 'widen the apertures' of the dominant dogmas to their interconnected social, political, temporal and emotional dimensions. These dimensions, the book advances, hold the key to more fully understanding not only the production of torture's definition and prohibition; but also its normative contestation – to better grasp whose pain gets recognised and redressed and why.

Intellectual Property
  • Moral and Legal Foundations
  • Adam D. Moore
  • Coming soon
  • Expected online publication date:
    November 2025
    Print publication:
    31 December 2025
  • Intellectual property rights - and the very concept of such rights - are coming under attack in our modern world, in which there is widespread sharing of content across a spectrum which extends from agreed open access to outright piracy. Institutions and legal systems that protect intellectual property, both domestically and internationally, stand in need of justification. In this book five different philosophical justifications for intellectual property are presented and defended. Additionally, all of the major criticisms of intellectual property are examined and ultimately rejected. The discussion includes the issues and controversies surrounding generative artificial intelligence and the challenges which it poses to current systems of intellectual property protection. As a result of this thorough and wide-ranging analysis, readers in philosophy, law, political science, information science, and media studies will be in a better position to determine the benefits and burdens of patents, copyrights, trademarks, and trade secrets.

Colonialism and the EU Legal Order
  • Edited by Hanna Eklund
  • Published online:
    14 October 2025
    Print publication:
    18 September 2025
  • This book shows how Europe's history of colonialism has shaped the development of the EU legal order. It offers an account of the impact European colonialism has had on the application of law, on the methods of actors, the workings of institutions, and on changes in EU membership over time. Using different case studies, the sixteen chapters of this book address questions concerning how colonial continuities in EU law can be identified; how to understand the present application of EU law through the history of colonialism; and how Europe's colonial history casts new light on EU legal theory and concepts. This book is intended to sharpen analysis of the history, as well as of the present and future application of EU law. This title is also available as open access on Cambridge Core.

Labour Law
  • 3rd edition
  • Hugh Collins, K. D. Ewing, Aileen McColgan
  • Published online:
    02 October 2025
    Print publication:
    20 November 2025
  • Labour Law, now in its third edition, is a well established text which offers a comprehensive and critical account of the subject by a team of leading labour lawyers. It examines both collective labour relations and individual employment rights, including equality law, and does so while having full regard to the international labour standards as well as the implications of Brexit. Case studies and reports from government and other public agencies illuminate the text to show how the law works in practice, ensuring that students acquire not only a sophisticated knowledge of the law but also an appreciation of its purpose and the complexity of the issues which it addresses.

Financial Markets and Instruments in Private International Law
  • Augustin Gridel
  • Preface by Louis D'Avout
  • Foreword by Christine Lagarde
  • Published by:
    Intersentia
    Published online:
    16 September 2025
    Print publication:
    28 April 2025
  • In banking and finance, transnationality permeates the day-to-day professional life and makes the dedicated lawyer an internationalist by necessity. There are good reasons for this: the intangible nature of services, the desire of operators even regulated to conquer foreign markets; sometimes because of the extraterritorial spread of local policies relating to the person of the operators or the products marketed. Although it does not always have a good reputation, private international law, with its promise of a widely understood conflict of law discipline, is making inroads into the legal practice of this specialised and globalised sector.

Vulnerability Theory and the Trinity Lectures
  • Institutionalizing the Individual
  • Martha Albertson Fineman
  • Published by:
    Bristol University Press
    Published online:
    13 September 2025
    Print publication:
    27 May 2025
  • Vulnerability theory shows that we all depend on each other, so laws should focus on shared responsibility, not just individual independence. Based on lectures at Trinity College Dublin, this book offers a fresh, insightful analysis and urges a shift in law and policy towards collective care.

Reckoning with Law in Excess
  • Mobilization, Confrontation, Refusal
  • Edited by Mark Goodale, Olaf Zenker
  • Published online:
    09 September 2025
    Print publication:
    25 September 2025
  • Reckoning with Law in Excess offers a ground-breaking approach to understanding the relationship between law and social and political transformation in a changing and uncertain world. The book's authors examine a wide range of case studies in which social movements pursue justice and social change within, against, and beyond the law. The interdisciplinary research at the heart of the volume reveals patterns in the ways in which law and legality are invested with heightened importance during certain historical moments, a process of over-loading that most often gives way to disenchantment with the ultimate limits of law. In reflecting critically and synthetically on these complicated dialectics of reckoning with law, the book shines a light on one of the most important, and consequential, dynamics in an era of climate crisis, rising populism across the political spectrum, and social conflict. This title is also available as Open Access on Cambridge Core.

Enhancing Decisions in the Courtroom
  • Exploring a Duty to Enhance Judicial Cognition
  • Giovana Peluso Lopes
  • Published by:
    Intersentia
    Published online:
    05 September 2025
    Print publication:
    20 May 2025
  • This book explores possible ethical justifications for a moral duty for judges to enhance their cognition and examines how this duty sits within the existing legal framework on judicial liability, professional duties, and human rights.

Forcible Protection of Civilians
  • The International Legal Framework for Peace Operations
  • Hanna Bourgeois
  • Published by:
    Intersentia
    Published online:
    05 September 2025
    Print publication:
    17 December 2024
  • Discover essential insights into the international legal framework for protecting civilians in peace operations with Forcible Protection of Civilians. This analysis explores legal bases, UN mandates, and the interplay between mandates and human rights/international humanitarian law. Ideal for scholars and practitioners, this resource tackles complex legal nuances surrounding the use of force to ensure civilian safety in peace operations.

European Contract Law in a Changed Banking and Financial Architecture
  • Stability Design, the Common Good and Private Party Participation
  • Edited by Stefan Grundmann, Pietro Sirena
  • Published by:
    Intersentia
    Published online:
    05 September 2025
    Print publication:
    23 October 2024
  • The European Banking Union forms the answer of the EU to the global financial crisis, strongly increasing own funds basis for more robust credit institutions, installing a recovery and resolution regime with strong planning and preventive measures and opting for the supervisory with the broadest reach, the European Central Bank. The first part of the book - after the design of the overall architecture and a clarification of the main policy lines and theoretical underpinnings - describes the main features of this regime. It does so in particular for recovery tools and their conceptual novelty, focusing on private claims within the regime, namely within deposit guarantee schemes and for liability of supervisory authorities.

The Convention and the Kingdom
  • How the Netherlands Received the European Convention on Human Rights
  • Wiebe Hommes
  • Published online:
    08 August 2025
    Print publication:
    28 August 2025
  • How and why did the European Convention turn from a neglected legal tool into one of the most important human rights documents in legal practice? This book argues this remarkable development wasn't merely the result of a top-down movement initiated by the European Court, but of a far more dynamic process in which the national and European spheres engaged in constant co-creation. Focusing on the Netherlands and uncovering little known archival sources, it lays bare how the Convention was received over time throughout the entire Kingdom. In doing so, it incorporates insight into how European human rights were perceived in Europe and beyond. A much more varied story comes to light in which contingency and interaction take centre stage, and which uncovers the choices that continue to shape the character of the Convention as we know it today.

Page 1 of 24