Jurists: Profiles in Legal Theory – serie

A Stanford University Press classic.

The jurist Ebu's-suud (c. 1490–1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the shari 'a, creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion. The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In each of these areas, he lays out the most important rules and concepts in the Islamic juristic tradition, and then gives his translations of a selection of Ebu's-suud's writings on the topic in question, with a brief analysis. From these materials, the author suggests that readers draw their own conclusions as to whether Ebu's-suud did indeed reconcile Ottoman secular legal practice with the sacred law.

Philip Selznick's wide-ranging writings engaged with fundamental questions concerning society, politics, institutions, law, and morals. Never confined by a single discipline or approach, he proved himself a major figure across a range of fields including sociology, organizations and institutions, leadership, political science, sociology of law, political theory, and social philosophy. This volume, the first book-length treatment of Selznick's ideas, discusses Selznick's various intellectual contributions.Reading across Selznick's work, one appreciates the coherence of his fundamental preoccupations—with the social conditions for frustration and the vindication of values and ideas. Exploring Selznick's insights into the nature and quality of institutional, legal, and social life, the book also examines his particular ways of thinking, concerns, values, and sensibility. Martin Krygier brings to light the coherence of Selznick's fundamental preoccupations, allowing readers to fully engage with his unique insights and distinctive moral-intellectual sensibility.

Jeremy Bentham, the founder of utilitarianism, made a powerful impact on several major areas of thought and policy: ethics, jurisprudence, political and constitutional theory, and social and administrative reform. Yet from the start his ideas have been subject to misunderstanding and caricature. John Dinwiddy's Bentham is regarded as the best introduction to this important jurist and reformer.Dinwiddy examines the various components of Bentham's philosophy and shows how each was shaped by the radical rethinking entailed by the utilitarian approach. He also discusses interpretations of Benthamism and its contemporary significance and the controversial question of Bentham's influence on reform.Bentham is reproduced here in full together with three classic essays that deal with key issues in understanding Bentham: his conversion to political radicalism, the relations between private and public ethics, and his theory of adjudication. A new introduction and select bibliography by William Twining set the context and survey the developments in Bentham studies since the book's original publication in 1989.

Sir Edward Coke (1552-1634), the first judge to strike down a law, gave us modern common law by turning medieval common law inside-out. Through his resisting strong-minded kings, he bore witness for judicial independence. Coke is the earliest judge still cited routinely by practicing lawyers. This book breaks new ground as the first scholarly biography of Coke, whose most recent general biography appeared in 1957, and draws revealingly on Coke's own papers and notebooks. The book covers Coke's early life and career, to the end of the reign of Elizabeth I in 1603 (a second volume will cover Coke's career under James I and Charles I). In particular, this book highlights Coke's close connection with the Puritans of England; his learning, legal practice, and legal theory; his family life and ambitious dealings; and the treason cases he prosecuted.

Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law. Conklin clearly introduces Hegel's vocabulary and contrasts Hegel's issues and arguments with leading contemporary legal philosophers. The book's originality and interdisciplinary focus open up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, Conklin comments directly on contemporary constitutional and international law and reveals how Hegel's ideas on law stand up in the world today.

Legal Realism Regained presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the twentieth century. The book argues for a return to legal realism and the classical pragmatism of John Dewey and William James and for a rejection of the postmodern critique of critical legal studies. It discusses the two movements with respect to three topics: their view of history, their view of social science, and their view of language. Rejecting the claim that critical legal studies can be seen as the heir of legal realism, Legal Realism Regained argues that, with respect to each of these three topics, the realists still present a stronger argument than their more radical descendants.

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law itself.Taking into account developments since the first edition was published, this book provides a constructively critical account of Hart's legal thought. The work includes Hart's ideas on legal reasoning, judicial discretion, the social sources of law, the theory of legal rules, the sovereignty of individual conscience, the notion of obligation, the concept of a right, and the relationship between morality and the law. MacCormick actively engages with current scholarly interpretations, bringing this accessible account of England's greatest legal philosopher of the twentieth century up-to-date.

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law itself.Taking into account developments since the first edition was published, this book provides a constructively critical account of Hart's legal thought. The work includes Hart's ideas on legal reasoning, judicial discretion, the social sources of law, the theory of legal rules, the sovereignty of individual conscience, the notion of obligation, the concept of a right, and the relationship between morality and the law. MacCormick actively engages with current scholarly interpretations, bringing this accessible account of England's greatest legal philosopher of the twentieth century up-to-date.

In a series of fifteen vivid essays, this book discusses the contributions of great common-law jurists and singular documents—namely the Magna Carta and the Laws and Liberties of Massachusetts—that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies.Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are given voice, the context of time and events made clear, and the continuing impact of the texts emphasized. Taken as a whole, the book offers a simple reverence for the achievements of these men and law books and a deep respect for the role historical events have played in the development of the common law.

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

Sir Edward Coke (1552-1634), the first judge to strike down a law, gave us modern common law by turning medieval common law inside-out. Through his resisting strong-minded kings, he bore witness for judicial independence. Coke is the earliest judge still cited routinely by practicing lawyers. This book breaks new ground as the first scholarly biography of Coke, whose most recent general biography appeared in 1957, and draws revealingly on Coke's own papers and notebooks. The book covers Coke's early life and career, to the end of the reign of Elizabeth I in 1603 (a second volume will cover Coke's career under James I and Charles I). In particular, this book highlights Coke's close connection with the Puritans of England; his learning, legal practice, and legal theory; his family life and ambitious dealings; and the treason cases he prosecuted.

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

Philip Selznick's wide-ranging writings engaged with fundamental questions concerning society, politics, institutions, law, and morals. Never confined by a single discipline or approach, he proved himself a major figure across a range of fields including sociology, organizations and institutions, leadership, political science, sociology of law, political theory, and social philosophy. This volume, the first book-length treatment of Selznick's ideas, discusses Selznick's various intellectual contributions.Reading across Selznick's work, one appreciates the coherence of his fundamental preoccupations—with the social conditions for frustration and the vindication of values and ideas. Exploring Selznick's insights into the nature and quality of institutional, legal, and social life, the book also examines his particular ways of thinking, concerns, values, and sensibility. Martin Krygier brings to light the coherence of Selznick's fundamental preoccupations, allowing readers to fully engage with his unique insights and distinctive moral-intellectual sensibility.

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life.The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.