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Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries
by James M. DonovanJames Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system.From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
Jurisculture: Greece and Rome
by Gray L. DorseyIn this first of a definitive seven-volume work to be published by Transaction, by Gray L. Dorsey, a major figure in the philos-ophy and history of law, the ancient roots of the culture of Western jurisprudence are treated. This volume explores the forma-tion and regulation of societies in early Greece and classical Rome in relation to prevailing beliefs about reality, knowing, and desiring. And while part of a series, the volume clearly stands on its own.The central question addressed in this fundamental reexamination of the organi-zation and regulation of antiquity is how, in a world in which major physical and human events are defined as in control of the gods, and with few mortals said to pos-sess such powers, did the Greeks and Ro-mans distribute decision-making powers to ensure survival and wealth? The meth-ods by which these issues are addressed is called "Jurisculture" to distinguish it from the analytical procedures of either philoso-phy or empirical social research.Jurisculture identifies sets of mean-ings that derive from premises about real-ity and human nature, and beliefs con-sidered basic in organizing and controlling that reality. This work aims at nothing less than the discovery of new interrelations between prevailing ideas of antiquity and their codification and implementation in legal institutions and principles.This volume is addressed to those people who are concerned with the wise and effective use of public discourse to ar-rive at prudent national and foreign pol-icies. Professor Dorsey discusses philosophical and social ideas, but always in the context of their implications for the prob-lems of organizing and regulating human cooperation. The emergence of the phi-losophy of law has made possible the rapid development of normative theory in the social sciences. This volume provides a powerful historical and analytical tool for this broad-sweeping development.
Jurisdiction (Critical Approaches to Law)
by Shaunnagh Dorsett Shaun McVeighThis book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law). This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.
Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea: Limitations on Party Autonomy (Maritime and Transport Law Library)
by Jonatan Echebarria FernándezJurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance.The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel.This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
Jurisdiction and Arbitration Agreements in International Commercial Law: Jurisdiction And Arbitration Agreements In International Commercial Law (Routledge Research in International Commercial Law)
by Zheng Sophia TangArbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Jurisdiction in Deleuze: The Expression And Representation Of Law
by Edward MussawirJurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the expression and the representation of law. Deleuze is taken as offering not just an important methodological recovery of an ‘expressionism’ in philosophy – specifically through Nietzsche and Spinoza – but also a surprisingly practical jurisprudence which recasts the major technical terms of jurisdiction (persons, things and actions) in terms of their distinctively expressive or performative modalities. In paying attention to law’s expression, Deleuze is thus shown to offer an account of how meaning may attach to the instrument and medium of law and how legal desire may be registered within the texture and technology of jurisdiction. Contributing both to a renewed transposition of Deleuze into contemporary legal theory, as well as to an emerging interest in law’s technology, institution and instrumentality in critical legal studies, Jurisdiction in Deleuze will be of considerable interest.
Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital
by Maïa PalThe majority of European early modern empires - the Spanish, French, Dutch and English/British - are best characterised as developing practices of jurisdictional accumulation. These practices are distinguished by the three categories of extensions, transports, and transplants of authority, and this book is mostly concerned with various diplomatic and colonial agents which enabled the transports and transplants of their sovereign's authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes two major analytical contributions. It firstly develops jurisdictional accumulation as a conceptual innovation, based, secondly, on an interdisciplinary mix of methodological angles. These intertwined contributions enable us to go beyond common binaries in both conventional and critical histories of international relations and international law through the use of a Political Marxist framework and its concept of social property relations.
Jurisdictional Exceptionalisms: Islamic Law, International Law and Parental Child Abduction (Law in Context)
by Urfan Khaliq Anver M. EmonJurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Jurisprudence
by Suri RatnapalaJurisprudence is about the nature of law and justice. It embraces studies and theories from a range of disciplines such as history, sociology, political science, philosophy, psychology and even economics. Why do people obey the law? How does law serve society? What is law's relation to morality? What is the nature of rights? This book introduces and critically discusses the major traditions of jurisprudence. Written in a lucid and accessible style, Suri Ratnapala considers a wide range of views, bringing conceptual clarity to the debates at hand. From Plato and Aristotle to the medieval scholastics, from Enlightenment thinkers to postmodernists and economic analysts of law, this important volume examines the great philosophical debates and gives insight into the central questions concerning law and justice.
Jurisprudence
by Suri RatnapalaJurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.
Jurisprudence An Introduction: சட்டவியல் ஓர் அறிமுகம்
by T. Sivakumarஇந்நூலை நீதித்துறை பற்றிய அறிமுக நூல் என்று கூற முடியாது. பயணத்தின் போது அடுத்தடுத்து சிவப்பு மற்றும் மஞ்சள் விளக்குகள் நிரம்பிய நெரிசல் மிகுந்த சாலையில் குறுகிய பச்சை விளக்கின் மட்டுப்படுத்தப்பட்ட அனுமதியுடன் வெளிப்படும் நீதித்துறையின் அறிமுகத்திற்கான அறிமுகம் அல்லது அறிமுக புத்தகம் என்று கூறலாம்
Jurisprudence Lawcards 2012-2013 (Lawcards)
by RoutledgeRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
Jurisprudence and Persuasion: “You Can't Argue Like That” A Case-based Approach (American Casebook Series)
by Ralph Steinhardt Benjamin TeichThis innovative book offers a case-based approach to arguments about the nature of law and persuasion. Its unifying insight is that every decided case has a theory or philosophy within it – whether acknowledged or not – and that there is professional value in developing the skill to discern, articulate, and analyze it. Offering a flexible platform for either an introduction to law and legal reasoning or an in-depth course in jurisprudence and advocacy, the book works first through decided cases and then offers context and depth through the writings of jurists and philosophers. Major themes in the cultural and intellectual history of the law are made accessible and always with a sense of what practical difference they make. Part I enables students to use case analysis to connect with some of the traditional and contemporary schools of jurisprudence across the ideological spectrum (e.g., natural law, positivism, legal realism, law and economics, feminist legal theory, and critical race theory). Part II, in a modern riff on what prior generations of lawyers would have called – without irony or deprecation – 'rhetoric,' analyzes certain identifiable and recurring types of legal arguments, including reasoning by default (e.g., fictions, presumptions, and burdens), recurring fallacies (e.g., begging the question, arguments ad hominem, asserting the consequent), and the nested problems of interpreting statutes and the common law. Understood as the art of argument, it is exactly what lawyers do. Honing it and keeping it respectable is in every law professor’s job description. Part III applies the skills and insights from the rest of the book by applying them in a particular setting, focused on the question whether international law is really 'law' and what turns on that designation.
Jurisprudence and Practical Logic of Civil Code
by Xianzhong SunThis book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of "unauthorised disposal" and the legal basis for the abolition of this clause in the Contract Law.
Jurisprudence and Socio-Legal Studies: Intersecting Fields
by Roger CotterrellThis book presents a set of related studies aimed at showing key points of intersection and common interest between jurisprudence and socio-legal studies, which are otherwise typically considered distinct fields. It reflects and draws on the author’s work in these areas over more than four decades.The first half of the book explores theoretical issues surrounding the enterprise of socio-legal research, its current scope, and its historical traditions. Some chapters directly compare juristic theory and socio-legal inquiry. Chapters in Part II profile a selection of European jurists whose work offers important insights for socio-legal inquiry. Other chapters frame these studies, explore the history of interactions between jurisprudence and socio-legal research, and show points of convergence between these fields that are increasingly important today. A main aim of the book is to show the current urgency of linking and broadening juristic and social scientific interests in law.Internationally oriented, the book will be of interest to students and researchers in the areas of jurisprudence, legal philosophy, sociology of law, socio-legal studies, and comparative law. It is suitable as supplementary reading for courses in any of these subjects.
Jurisprudence and Theology
by Joseph E. DavidThe book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Jurisprudence as Ideology (Sociology of Law and Crime)
by Valerie KerruishIn Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law.
Jurisprudence for an Interconnected Globe (Routledge Revivals)
by Catherine DauvergneThis title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
Jurisprudence of Jurisdiction
by Shaun McVeighFor much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.
Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand
by Nan SeuffertPresenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.
Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection
by Ewa Sałkiewicz-MunnerlynThis book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law.Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.
Jurisprudence, Text and Readings on the Philosophy of Law (American Casebook Series)
by George G. ChristieThis book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Also included are excerpts from standard works of twentieth-century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, intersectionality and gender identity theories, law and economics, and new private law theories. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories and internet publications, as well as drawing on literary treatment of topics relevant to legal philosophy.
Jurisprudence: From The Greeks To Post-Modernity
by Wayne MorrisonThis challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.
Jurisprudence: Realism in Theory and Practice (The\civilization Of The American Indian Ser. #21)
by Karl LlewellynJurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
Jurisprudence: Themes and Concepts
by Lindsay Farmer Scott Veitch Emilios ChristodoulidisJurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.