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American Legal Thought from Premodernism to Postmodernism
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Humanity, Freedom and Feminism
While some feminists seek to use ideas of the 'universal human subject' to include women, others argue that such ideas are intrinsically masculine and exclude the feminine. This book analyzes and critiques 'second wave' feminists who discuss how philosophers such as Plato and Aristotle, Descartes, Hobbes and Kant regard human beings and their capacities. The author suggests adopting an inclusive universal concept of the human being, drawn from ideas of positive liberty from the liberal tradition, Hegelian ideas of the formation of the free human being in society, and care ethics. The book links this theoretical perspective to international human rights and humanitarian law, drawing together areas of theory usually presented separately. These include the liberal theory of the individual (particularly individual freedom, feminist critiques and theories of subjectivity), globalization and global identity issues and the theory of human rights law, with the focus resting on human subjectivity and ethics. While the focus is on Anglo-American jurisprudence, this is combined with continental philosophy, international human rights issues and a Yugoslav war crimes case study.
AI, Data and Private Law
This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.
Gadamer and Law
Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
Contemporary Issues of the Semiotics of Law
The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is,for some, ideology, for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure that carries symbols of everyday life. The analyses that are made in the law and semiotics movements show that the laws symbolism cannot be understood by reference only to itself, a strictly legal meaning. It is a symbol that conveys life, a symbol that in itself is contaminated with life, politics, morality and so on. Law and Semiotics is an obvious meeting point between traditions, because it is the place where all the discussions about the ...
Private Law and the State
This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions, beginning by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines the role of the public interest in private law. With the perspectives of world-leading commentators from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.
Harvard Law Review: Volume 125, Number 2 - December 2011
The Harvard Law Review is offered in a digital edition, featuring active and nested Table of Contents, linked footnotes and active cross-references, legible tables, and proper ebook formatting. This current issue of the Review is December 2011, the second issue of academic year 2011-2012 (Volume 125). Articles in this issue are written by such recognized scholars as Jamal Greene (writing on notorious or anti-canonical Supreme Court cases such as Plessy and Lochner), Orin Kerr (on Fourth Amendment theory), and Michael Klarman (reviewing a new book on the Constitutional Convention). Student contributions feature Notes on the John Dewey model of democracy and administrative agencies, and on bre...
The Philosophy of Tort Law
There are three pairs of concepts which dominate the contemporary discussion concerning tort law: moral responsibility and social utility; corrective and distributive justice; and strict liability and fault. This text analyzes these concepts and examines their use in the liability context.
