Discourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jurgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism.

Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of caring for other individuals,...

In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different...

Contexts of Justice, highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of traditions and theories that leads to a truly original approach.
Forst makes a four-part...

The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how...

This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law.
Only two of these authors, Hans Kelsen...