Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a direct (...) effect on state behavior, and, as a meth-odological matter, can contribute to good theorizing onmatters of international ethics. Recently, philosophical workhas demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has treated the rules of international law as a proper subject for philosophical inquiry. Another has used international legal rules to support moral arguments about aspects of the international order. Future dialogue and cooperation would benefit both fields, in particular on the challenges to global cooperation from nationalism and on strategies for allocating responsibilities among global actors for rectifying global harms. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines (...) central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

This chapter contains sections titled: Liberalism Religion, Nationalism, and Citizenship Religion and Public Philosophy Anti‐liberalism Works cited.

The focus of this work is the issue of whether, and to what extent, the nature of the law is affected by politics, has been taken up by the American and Scandinavian legal realists. By the very fact of their being products of␣the socio-political conditions of the most recent century, the American and Scandinavian legal realisms are the movements that have most explicitly and systematically brought to the surface one particular characteristic phenomenon of contemporary Western legal systems: the existence (...) of two basic forces simultaneously attracting and repelling, affecting the law in its relations with the political world. (shrink)

Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.

A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of (...) modern thought on law and politics. (shrink)

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging (...) subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead. (shrink)

“This book isn’t a blueprint for a new conversation. It’s an explanation of why we need one, and an invitation to participate in moving that forward”, says Katie Watson in the introduction to her book Scarlet A: The Ethics, Law and Politics of Ordinary Abortion. She does herself a disservice with this; in many respects her text provides us with just that—a model for what a more productive discussion of how society responds to and organizes around the issue of (...) unwanted pregnancy might look like; a question that has remained contentious across the centuries and for which we may never have an ‘answer.’ It is precisely because perceptions of abortion are so hard to prise apart from our attitudes towards women... (shrink)

This anthology consists in pairs of papers, usually one by a junior scholar and one by a senior scholar, discussing a common issue of importance to the three disciplines of philosophy, law & politics.

Law and Politics under the Abbasids: An Intellectual Portrait of al-Juwayni. By Sohaira Z. M. Siddiqui. Cambridge Studies in Islamic Civilization. Cambridge: Cambridge University Press, 2019. Pp. xiii + 312. $99.99, $32.99, $26.

The moral, legal, and public policy dispute over embryonic stem cell research is the most prominent issue in American public bioethics of the past decade. The primary moral question raised by the practice of embryonic stem cell research is whether it is defensible to disaggregate living human embryos in order to derive pluripotent cells for purposes of basic research that may someday yield regenerative therapies. This essay will explain the legal and political dimensions of the embryonic stem cell debate as (...) it has unfolded at the national level in the United States, contrasting the position and thinking of President Clinton’s administration with that of George W. Bush. Building upon this, a set of brief reflections is offered on the form and substance of the American federal approach to this public matter, and whether it is ultimately sustainable to join the issue in this particular way. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and (...) politics in Lithuania. Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

What does peace mean in today’s world of endless wars? Why has the project of ‘universal peace’, so ardently hoped for by the drafters of the UN Charter in 1945, failed so profoundly? I reflect on these questions through three stories of peace. The first is told by a series of four stained-glass windows in the Peace Palace in The Hague; the second is of the world’s demilitarised zones; and the third of a peace community in Colombia. These stories provide (...) a springboard to reflect on how we might rethink peace in the context of today’s world, drawing on feminist, queer and postcolonial analyses. My discussion exposes the limits of the UN Charter’s approach to peace, and the impossibility of its methods ever achieving ‘universal peace’. The Charter’s reliance on militarism and collective enforcement, as well as its commitment to peace as an evolutionary process, maintain rather than dismantle global hierarchies of domination. I also question the dualism of war and peace, which obscures much of the violence of what we call peace. The task of rethinking peace is urgent. To do so we need to go beyond the worlds we know, beyond the confines of law and the inevitability of quotidian hierarchies of gender, sexuality and race, to invent new methods of peace-making, outside the ‘frames of war’. (shrink)

Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse. Her 'vulnerability thesis' represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability (...) and Fineman's 'vulnerability thesis'. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman's work, as well as those for whom Fineman's work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics. (shrink)

Introduction: Law and Philosophy—Moral, Legal and Political Perspectives Content Type Journal Article Pages 237-239 DOI 10.1007/s11158-008-9068-9 Authors Massimo Renzo, University of Stirling Department of Philosophy Stirling 4LA FK9 UK Bjarke Viskum, University of Århus Department of Jurisprudence Langelandsgade 110, 3 tv. 8000 Arhus C Denmark Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765 Journal Volume Volume 14 Journal Issue Volume 14, Number 4.

What makes modern law and politics modern? What makes the question of "modernity" so central to our understanding of contemporary law and politics? To offer one possible answer to these questions this study examines the changing relationship between animals and humans and, more specifically, the new regulation of the slaughterhouse in turn of the century Germany. If humans and animals meet in the modern agora it is neither because animals are now perceived as more human-like, as champions of (...) progress would have it, nor because humans are perceived as more animal-like, as critics of modernity would suggest. Rather, both animals and humans have undergone a radical transformation, which has put them on the same plane. If life is that which humans and animals share in common, and politics is that which sets them apart, the history of animal laws suggests that modernity entails the radical transformation of both life and politics. This Article strives to understand this change through the transformation of both politics and life into processes, i.e., into that which can be scientifically known and thus manipulated. The different strategies of reformers of slaughtering as well as their opponents are analyzed in light of this fundamental transformation. (shrink)

Introduction -- The Minos and the Socratic examination of law -- The rational interpretation of divine law -- The examination of laws of Sparta -- Divine law and moral education -- The problem of erotic love and practical reason under divine law -- Perfect justice and divine providence -- The savior of the law.

Although statistically common, and legal since 1973, abortion still bears significant stigma--a proverbial scarlet A. Fear of this stigma leads most of the women and men who are part of the 21% of American pregnancies that end in abortion to remain silent. This book brings the story of ordinary abortion out of the shadows and invites a new conversation about its actual practice, ethics, politics, and law. Katie Watson lends her incisive legal and medical ethics expertise to navigate wisely (...) and respectfully one of the most divisive topics of contemporary life. (shrink)

The law giveth and the law taketh away. The question ‘Who is law for’ has of late received increased attention in mainstream jurisprudence.1 Whether at a general, conceptual level o...

What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, (...) and justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Review. Cosmopolitanism, state sovereignty and international law and politics: a theory. Routledge, London and New York, 2023, pp. 216.

This chapter examines the modern republican tradition and how thinkers from Niccolò Machiavelli to the authors of The Federalist conceived of the relationship and inevitable tensions between law and politics. It first provides an overview of the modern republican tradition, the various theoretical strands within it and contemporary modern neo-republicanism. It then proceeds with a discussion of how modern republicans thematise the relationship between law and politics, along with the ideas of contemporary neo-republican thinkers about the modern republican (...) tradition. It also considers the research program initiated by the studies of Philip Pettit and Quentin Skinner, namely, Republicanism: A Theory of Freedom and Government and Liberty before Liberalism, respectively. The chapter concludes by proposing a republican political theory that addresses the reality of pluralism and highlights points of conflict. (shrink)