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Legal Doctrinal Scholarship

Legal Theory and the Inner Workings of a Doctrinal Discipline

Mátyás Bódig

Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
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Allan Beever

What is law? There is no great mystery. It is a set of status functions. Human beings create these by making status function declarations. ‘It is an offence to…’, ‘In any action for damages…’, ‘The defendant owes the plaintiff a duty of care if…’, and so on. Human beings maintain status functions by making further status function declarations and by using status function indicators. In law, these are wigs, gowns, gavels, forms of address, and so on. We do this because it increases our power. We get away with it only because others accept what we are doing in the sense of collective recognition. The status functions that constitute the law do so because they are collectively recognised as doing so - though there is no reason to think that this collective recognition is unified or stable. Some status functions may be recognised as law in some contexts and not in others. Nothing of any philosophical significance hangs on this, though it can become a matter of dispute in our courts.

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Allan Beever

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Law’s Reality

A Philosophy of Law

Allan Beever

Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
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Reece Lewis

This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
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The International Rule of Law

Scope, Subjects, Requirements

Denise Wohlwend

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
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David Favre

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David Favre

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
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Edited by Susan A. Bandes, Jody L. Madeira, Kathryn D. Temple and Emily Kidd White

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
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Edited by Shauhin Talesh, Elizabeth Mertz and Heinz Klug

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.