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What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved.Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront―including who has legal authority over us and how we should interpret constitutions, statutes, and cases―will remain elusive until this grand philosophical question is resolved.Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way―from rules to plans―not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

The question about the relation between legality and political legitimacy is both one of the basic questions of modern legal and political philosophy and one of the most important problems in theoretical sociology. This volume brings together the work of a number of internationally prominent legal theorists, political theorists, sociologists, historians, and philosophers - all of whom have worked extensively on the conceptual analysis of law and power - in order to address and illuminate this central question of the social sciences. The book proposes and elaborates paradigms that traverse conventional disciplinary boundaries. It combines sociological and normative/deductive patterns of analysis in order to capture the legitimatory foundations of modern societies and to account for the transformation of the classical foundations of political legitimacy in recent decades. It proposes new and challenging paradigms for analyzing the legal sources of legitimate power both in the historical formation of modern societies and in the present.

The question about the relation between legality and political legitimacy is both one of the basic questions of modern legal and political philosophy and one of the most important problems in theoretical sociology. This volume brings together the work of a number of internationally prominent legal theorists, political theorists, sociologists, historians, and philosophers - all of whom have worked extensively on the conceptual analysis of law and power - in order to address and illuminate this central question of the social sciences. The book proposes and elaborates paradigms that traverse conventional disciplinary boundaries. It combines sociological and normative/deductive patterns of analysis in order to capture the legitimatory foundations of modern societies and to account for the transformation of the classical foundations of political legitimacy in recent decades. It proposes new and challenging paradigms for analyzing the legal sources of legitimate power both in the historical formation of modern societies and in the present.

This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.

This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.

What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved.Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront―including who has legal authority over us and how we should interpret constitutions, statutes, and cases―will remain elusive until this grand philosophical question is resolved.Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way―from rules to plans―not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem? This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it. The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration's current autonomy from states and what arbitration's claim for an increase in that autonomy implies.

All orders ship by next business day! This is a used paperback book. Has wear on cover and/or pages. Book has no markings on pages. For USED books, we cannot guarantee supplemental materials such as CDs, DVDs, access codes and other materials. We are a small company and very thankful for your business!

What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem? This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it. The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration's current autonomy from states and what arbitration's claim for an increase in that autonomy implies.

Paperback. Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wetsuweten and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wetsuweten law, as well as the politics of pipeline development. McCreary explores how colonial forces seek to control Indigenous claims, and how the Wet'suwet'en resist. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Book is in NEW condition. 1.84

This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states.Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture.Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing.Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.

This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states.Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture.Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

Catherine Malabou's concept of plasticity has influenced and inspired scholars from across disciplines. The contributors to Plastic Materialities—whose fields include political philosophy, critical legal studies, social theory, literature, and philosophy—use Malabou's innovative combination of post-structuralism and neuroscience to evaluate the political implications of her work. They address, among other things, subjectivity, science, war, the malleability of sexuality, neoliberalism and economic theory, indigenous and racial politics, and the relationship between the human and non-human. Plastic Materialities also includes three essays by Malabou and an interview with her, all of which bring her work into conversation with issues of sovereignty, justice, and social order for the first time.Contributors. Brenna Bhandar, Silvana Carotenuto, Jonathan Goldberg-Hiller, Jairus Victor Grove, Catherine Kellogg, Catherine Malabou, Renisa Mawani, Fred Moten, Alain Pottage, Michael J. Shapiro, Alberto Toscano

Helter-Shelter is an ethnographic account of the manner in which an emergency shelter is governed on a daily basis, from the perspective of the personnel who are employed and tasked with providing care. Prashan Ranasinghe focuses on how the founding ethos of the shelter, an ethic of care, is conceptualized and practiced by examining its successes and failures. Ranasinghe reveals how this logic is diluted and adulterated because of two other important logics, security and legality, which, working alongside, take precedence and trump the import of care. The care that is deployed is heavily legalized and securitized and it is also administered inconsistently and idiosyncratically. As a result, disorder and confusion pervade the shelter.Helter-Shelter offers a unique perspective on the delivery of care, and how this laudable intention faces such daunting challenges.

Buy with confidence! Book is in new, never-used condition 1.21

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.