Kategoria BISAC: Law >> Essays

The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, and as one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and...

First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as 'the first, original and essential...

In this follow-up to Alan Norrie s Law and the Beautiful Soul (Routledge, 2005), Alan Norrie addresses the unresolved split between legal and ethical judgment. This split is seen as a product of the historical shaping of legal judgment, such that its abstraction and formalism both eschew ethical judgment, but also require it. The essays in the first half of the book consider legal formalism in its practical aspect, and the ethical difficulties thereby presented. The essays in the second half look at the underlying, suppressed ethical connections that can t ultimately be denied, at a more...

This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into just modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and...