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Judicial Review in an Objective Legal System
by Tara SmithHow should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.
Judicial Review in the Commonwealth Caribbean (Commonwealth Caribbean Law Ser.)
by Rajendra RamloganThe establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Cari
Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation
by Swati Jhaveri Michael RamsdenResearch on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.
Judicial Review of Administrative Discretion in the Administrative State
by Saskia Lavrijssen Ernst Hirsch Ballin Jurgen De PoorterThis book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica.Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way.This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state.The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate.Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague.Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR).Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
Judicial Review of Elections in Asia (Routledge Studies in Asian Law)
by Po Jen YapIn the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
Judicial Review of Legislation
by Gerhard van der SchyffConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review's justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity (Routledge-Giappichelli Studies in Law)
by Maria Grazia Rodomonte Ludovica DurstThis book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishment of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe. Nevertheless, this ‘circular movement’ has not failed to reveal contradictions and concerns that are still unresolved over time. With contributions from authors from a range of backgrounds, this work delves into the theme with a variety of approaches and perspectives. It is structured in three main parts, the first exploring the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the ‘European way of life’. The second part examines the ‘lights and shadows’ of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the Court of Justice of the European Union. The third part considers the so-called ‘dialogue between Courts’, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the ‘model’ of multilevel protection of rights. Presenting a wide and comprehensive view of these topics, the book will be of interest to those working in the fields of Constitutional, European and Comparative Public Law, as well as Legal History and Sociology.
Judicial Rhapsodies: Rhetoric and Fundamental Rights in the Supreme Court
by Doug CoulsonAll judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Judicial Sales of Ships
by Lief BleyenThis work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.
Judicial Self-Governance in the New Millennium: An Institutional and Policy Framework (Ius Gentium: Comparative Perspectives on Law and Justice #87)
by Tim BunjevacThis book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.
Judicial Transparency in China: Theory and Realization Path
by Yiming Wang He TianBased on the Judicial Transparency Index Assessment (2019 and 2020) conducted in China by the Institute of Law of the Chinese Academy of Social Sciences, this book summarizes and analyzes the current situation of judicial openness in China, using a sample of 218 courts across the country for the study. The book analyzes the ideological and institutional origins of judicial openness and examines the operation of judicial openness through the practical experience of role replacement. By analyzing evaluation data in the fields of audit information disclosure, trial information disclosure, judicial enforcement data disclosure, and judicial reform data disclosure, the book points out that the current judicial disclosure has made significant progress, but there are still problems such as unclear disclosure standards, insufficient rigidity in disclosure requirements, and the scope of disclosure still needs to be expanded. The book recommends accelerating the disclosure of judicial legislation, public standards, and strengthening assessment and accountability.
Judicial Whispers: A Novel (Caper Court Ser. #2)
by Caro Fraser“Fraser engages her readers quickly and never lets go” in this drama about a judge who tries to hide his sexual past by pursuing a suitable wife (Tatler Magazine).The whispers begin when Leo Davies, charming, clever barrister in one of London’s most prestigious chambers, applies to take silk. Despite a life of seemingly unflawed social and professional brilliance, Leo has made a mistake: he is suspected of having a lurid and peculiar sexual past. With too many skeletons in his closet, Leo decides that in order to achieve the coveted position of Queen’s Council, the rumors must be scotched. And as desperate times call for desperate measures, he resolves to find a suitable woman and preferably marry her.Thus begins a quest in which Leo, determined that his ambition will not be thwarted, sets out to woo and win the perfect, beautiful solicitor Rachael Dean. But Leo has taken on more than he bargained for: Rachael not only has a dazzling career in front of her, but also a dark and frightening past.Leo’s tangled, sophisticated life, Rachael’s newly awakened passions, and the unrequited love of a bright young barrister, Anthony Cross, form the intricate cat’s cradle at the heart of this absorbing novel. Judicial Whispers is a tale of relationships, deceit and ambition in which Caro Fraser brings to life with uncanny accuracy the obsessions and delusions of people in love.“Witty, polished . . . Rumpole, eat your heart out.” —She Magazine
Judicializing Everything?: The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom
by Mark S. HardingNearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of which issues are to be considered constitutional? Judicializing Everything? illustrates how debates surrounding these persistent judicial questions are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Mark S. Harding canvasses the perennial debates within the field of constitutional studies and provides novel ways of understanding key disagreements between judges and scholars alike. Despite important formal differences between rights documents in Canada, New Zealand, and the United Kingdom, Judicializing Everything? shows that there are also considerable similarities in the kinds of cases, arguments, and legal outcomes in the three countries. As political life becomes increasingly constitutionalized and judicialized, this important book sheds light on the persistence of debates over bills of rights and their interpretation.
Judicializing the Administrative State: The Rise of the Independent Regulatory Commissions in the United States, 1883-1937 (Routledge Research in Public Administration and Public Policy)
by Hiroshi OkayamaA basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.
Judiciaries in Comparative Perspective
by H. P. LeeAn independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Judith Butler: Ethics, Law, Politics (Nomikoi: Critical Legal Thinkers)
by Elena LoizidouThe first to use Judith Butler’s work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and politics analyzing their interrelation and explaining how they relate to Butler’s question of how people can have more liveable and viable lives. Acknowledging the potency and influence of Butler’s ‘concept’ of gender as process, which occupies a well developed and well discussed position in current literature, Elena Loizidou argues that the possibility of people having more liveable and viable lives is articulated by Butler within the parameters of a sustained agonistic relationship between the three spheres of ethics, law and politics. Suggesting that Butler’s rounded understanding of the interrelationship of these three spheres will enable critical legal scholarship, as well as critical theory more generally, to consider how the question of life’s unsustainable conditions can be rethought and redressed, this book is a key read for all students of legal ethics, political philosophy and social theory.
Judith S. Kaye in Her Own Words: Reflections on Life and the Law, with Selected Judicial Opinions and Articles (Excelsior Editions)
by Judith S. KayeIn 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York's highest court. Ten years later, she became the first woman to be appointed chief judge of the xourt, and by the time she retired, in 2008, she was the longest-serving chief judge in the court's history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye's own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her.The first section of the book, Kaye's memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees.The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally.The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law."An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice." — from the Foreword by Honorable Janet DiFiore
Juli Zeh: Text und Engagement (Kontemporär. Schriften zur deutschsprachigen Gegenwartsliteratur #15)
by Erik SchillingJuli Zeh verbindet zwei öffentliche Rollen: Sie ist Schriftstellerin und Juristin; sie trägt maßgeblich zur deutschsprachigen Gegenwartsliteratur bei, nimmt aber auch aktiv als ‚public intellectual‘ an öffentlichen Debatten teil. Der vorliegende Band untersucht daher gattungs- und literaturgeschichtliche Themen ebenso wie intertextuelle und theoretische Referenzpunkte, etwa zu Recht und Staat oder aktuellen gesellschaftlichen Aushandlungsprozessen.Juli Zehs Werk, für Bühne und Film adaptiert sowie in zahlreiche Sprachen übersetzt und inzwischen auch Schullektüre, umfasst ein breites Spektrum an Texten: Einige arbeiten mit den Mustern der Spannungsliteratur („Adler und Engel“, „Schilf“), andere lassen sich als dystopische Romane verstehen („Corpus Delicti“, „Leere Herzen“). Jüngst sind mehrere Gesellschaftsstudien zu verzeichnen („Unterleuten“, „Über Menschen“, „Zwischen Welten“). Der Band untersucht dies sowohl in Einzeltextanalysen als auch in systematischen Beiträgen, die Juli Zehs Werke vergleichend sowie im ästhetischen, medialen oder politischen Kontext in den Blick nehmen.
Julie Tudor Is Not a Psychopath: a hilarious new crime thriller debut for 2025 - meet your unlikely new heroine...If you loved Eleanor Oliphant Is Completely Fine, you will adore this!
by Jennifer Holdich'Murder has no right to be this funny. Imagine Hannibal Lecter as written by Victoria Wood. Perfect for fans of Caroline Kepnes and CJ Skuse' ERIN KELLY'A wickedly funny and darkly compelling debut' JOANNA WALLACEJulie Tudor is NOT a Psychopath.Julie Tudor is 49 and has it all: a fantastic job (well-maintained spreadsheets are the lynchpin of an efficient office), a beautiful house (some may wonder how she got the money for it, but nothing has been proved) and the man of her dreams. Julie Tudor is NOT a Stalker. Sean is 25 and the love of Julie's life. The only problem is, he thinks he's in love with someone else. And Julie Tudor is definitely, definitely NOT a Serial Killer. But Julie has found herself in a similar situation before. And if there's one thing Julie knows, it's how to get rid of the competition... After all, what's a little murder in the name of true love? Readers LOVE Julie Tudor:'From the very first page, I was hooked and unable to put it down' ⭐⭐⭐⭐⭐'What a perfect read!' ⭐⭐⭐⭐⭐'THIS BOOK IS LITERAL INSANITY!!!!' ⭐⭐⭐⭐⭐'This was SO GOOD' ⭐⭐⭐⭐⭐'This one's a must-read!' ⭐⭐⭐⭐⭐
Julie Tudor Is Not a Psychopath: a hilarious new crime thriller debut for 2025 - meet your unlikely new heroine...If you loved Eleanor Oliphant Is Completely Fine, you will adore this!
by Jennifer Holdich'Murder has no right to be this funny. Imagine Hannibal Lecter as written by Victoria Wood. Perfect for fans of Caroline Kepnes and CJ Skuse' ERIN KELLY'A wickedly funny and darkly compelling debut' JOANNA WALLACEJulie Tudor is NOT a Psychopath.Julie Tudor is 49 and has it all: a fantastic job (well-maintained spreadsheets are the lynchpin of an efficient office), a beautiful house (some may wonder how she got the money for it, but nothing has been proved) and the man of her dreams. Julie Tudor is NOT a Stalker. Sean is 25 and the love of Julie's life. The only problem is, he thinks he's in love with someone else. And Julie Tudor is definitely, definitely NOT a Serial Killer. But Julie has found herself in a similar situation before. And if there's one thing Julie knows, it's how to get rid of the competition... After all, what's a little murder in the name of true love? Readers LOVE Julie Tudor:'From the very first page, I was hooked and unable to put it down' ⭐⭐⭐⭐⭐'What a perfect read!' ⭐⭐⭐⭐⭐'THIS BOOK IS LITERAL INSANITY!!!!' ⭐⭐⭐⭐⭐'This was SO GOOD' ⭐⭐⭐⭐⭐'This one's a must-read!' ⭐⭐⭐⭐⭐
Jumpstart Torts: Reading and Understanding Tort Cases
by Ross SandlerThe JumpStart series supplies the context and prepares students to apply the rules in a litigation context. Titles in the series can be used as a general introduction to law school or as an introduction to torts.
Jung's Ethics: Moral Psychology and his Cure of Souls (Philosophy and Psychoanalysis)
by Dan MerkurThis volume presents the first organized study of Jung's ethics. Drawing on direct quotes from all of his collected works, interviews, and seminars, psychoanalyst and religious scholar Dan Merkur provides a compendium of Jung’s thoughts on various topics and themes that comprise his theoretical corpus—from the personal unconscious, repression, dreams, good and evil, and the shadow, to collective phenomena such as the archetypes, synchronicity, the psychoid, the paranormal, God, and the Self, as well as his contributions to clinical method and technique including active imagination, inner dialogue, and the process of individuation and consciousness expansion. The interconnecting thread in Merkur's approach to the subject matter is to read Jung’s work through an ethical lens. What comes to light is how Merkur systematically portrays Jung as a moralist, but also as a complex thinker who situates the human being as an instinctual animal struggling with internal conflict and naturalized sin. Merkur exposes the tension and development in Jung’s thinking by exploring his innovative clinical-technical methods and experimentation, such as through active imagination, inner dialogue, and expressive therapies, hence underscoring unconscious creativity in dreaming, symbol formation, engaging the paranormal, and artistic productions leading to expansions of consciousness, which becomes a necessary part of individuation or the working through process in pursuit of self-actualization and wholeness. In the end, we are offered a unique presentation of Jung’s core theoretical and clinical ideas centering on an ethical fulcrum, whereby his moral psychology leads to a cure of souls. Jung’s Ethics will be of interest to academics, scholars, researchers, and practitioners in the fields of Jungian studies and analytical psychology, ethics, moral psychology, philosophy, religious studies, and mental health professionals focusing on the integration of humanities and psychoanalysis.
Juno's Aeneid: A Battle for Heroic Identity (Martin Classical Lectures #36)
by Joseph FarrellA major new interpretation of Vergil's epic poem as a struggle between two incompatible versions of the Homeric heroThis compelling book offers an entirely new way of understanding the Aeneid. Many scholars regard Vergil's poem as an attempt to combine Homer’s Iliad and Odyssey into a single epic. Joseph Farrell challenges this view, revealing how the Aeneid stages an epic contest to determine which kind of story it will tell—and what kind of hero Aeneas will be.Farrell shows how this contest is provoked by the transgressive goddess Juno, who challenges Vergil for the soul of his hero and poem. Her goal is to transform the poem into an Iliad of continuous Trojan persecution instead of an Odyssey of successful homecoming. Farrell discusses how ancient critics considered the flexible Odysseus the model of a good leader but censured the hero of the Iliad, the intransigent Achilles, as a bad one. He describes how the battle over which kind of leader Aeneas will prove to be continues throughout the poem, and explores how this struggle reflects in very different ways on the ethical legitimacy of Rome’s emperor, Caesar Augustus.By reframing the Aeneid in this way, Farrell demonstrates how the purpose of the poem is to confront the reader with an urgent decision between incompatible possibilities and provoke uncertainty about whether the poem is a celebration of Augustus or a melancholy reflection on the discontents of a troubled age.
Juridical Humanity: A Colonial History
by Samera EsmeirIn colonial Egypt, the state introduced legal reforms that claimed to liberate Egyptians from the inhumanity of pre-colonial rule and elevate them to the status of human beings. These legal reforms intersected with a new historical consciousness that distinguished freedom from force and the human from the pre-human, endowing modern law with the power to accomplish but never truly secure this transition. Samera Esmeir offers a historical and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the "human" to Egyptian legal and colonial history and argues that the production of "juridical humanity" was a constitutive force of colonial rule and subjugation. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new reading of the history of colonialism.
Juridical Perspectives between Islam and the West: A Tale of Two Worlds (Global Issues)
by Federico Lorenzo RamaioliThis comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".