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Just Interpretations
"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep
Constitutional Identity
Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways.
Justice: Deconstruction and Hermeneutics
The pursuit of justice is an unending journey. It is the name of an impending promise that we always pray for, hope for, and sincerely desire but cannot quite see its fulfilment. Justice always encourages openness to the future and refuses to be confined to a particular definition. It occurs at different times with various demands and perspectives, and it cannot be reduced to a single definition and a single norm. This is precisely why this book consists of philosophical conversations that aim to expose the different faces of justice and to bring together the thoughts and concerns of thinkers talking about justice from different contexts. The interviews address issues such as God, ethics, otherness, anarchism, the refugee crisis, law, democracy and human rights in the framework of their relation to justice. The book is an invitation to everyone who wants to discuss the demands of justice in different contexts and witness the different faces of justice.
Eternity Clauses in Democratic Constitutionalism
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction at public law. Political actors and the people who create or modify their constitutional orders often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public low. Book jacket.
Constitutional Change in the Contemporary Socialist World
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.
Law, Justice, Democracy, and the Clash of Cultures
The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
Natural Law & the Secular Mythos
This book argues that natural law when construed as an epistemological and trans-cultural lingua franca, adjudged capable of legitimating the rational intelligibility and universal applicability of specific Christian moral principles within contemporary secular discourse has failed. Through a detailed analysis of the contributions of three prominent natural law theorists who are located within a shared philosophical-theological tradition, namely, John Finnis, Jean Porter, and John Milbank, the text illuminates the extent to which this failure is as much intramural as it is extramural. Morgan explores how new horizons open up for natural law if the theological unsaid(s) are allowed to surface and the disremembering power of the secular mythos is overcome. The final chapter(s) of the book addresses one such horizon- that the theoretical fulcrum of the natural law lies not in its perceptual self-evidence or in its immanent secularity; but rather in its subtle provision of an immanent eschatology.
Indeterminacy of International Law?
The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found in the text nor on theories that allegedly stand above practice. Instead, the (in)determinacy of law is shown to arise purely from practice. This reconceptualisation of a key discussion in legal philosophy provides a new perspective on the frame of meaning of legal norms.
Derrida and Law
This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike.
Constitutional Identity and Constitutionalism in Africa
This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.
