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  • Hart Publishing, Oxford - Good books for lawyers
    clear appreciation of the nature of a consent based justification its integrity both in principle and in practice is liable to be compromised This book examines the role of consent as a procedural justification discussing the prerequisites for an adequate consent in particular that an agent with the relevant capacity has made an unforced and informed choice that the consent has been clearly signalled and that the scope of the authorisation covers the act in question It goes on to highlight both the Fallacy of Necessity where there is no consent there must be a wrong and the Fallacy of Sufficiency where there is consent there cannot be a wrong Finally the extent to which the authority of law itself rests on consent is considered If the familiarity of consent based justification engenders confusion and contempt the analysis in this book acts as a corrective identifying a range of abusive or misguided practices that variously under value or over value consent that fictionalise it or that are fixated by it and that treat it too casually or too cautiously In short the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136790 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of enquiry While it explains how law as a normative phenomenon comes about it does not seek to ground law s normativity in anything but the context of social interaction giving rise to it Legal normativity is brought about on a daily basis Whether in revolutionary circumstances or in the quotidian need for judges lawmakers or citizens to balance law s demands with those of morality or prudence our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together and to commit ourselves to it These efforts of assessment and articulation depend in turn on our conception of normative agency Assert the need to trace the truth of ethical judgments to some independent moral facts conditioning their objectivity and you will get a different understanding of what it is we are doing when we dispute law s authority in the name of moral values Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement it also dramatically increases our responsibility when as lawmakers judges or citizens we take the law into our own hands and confront it with our moral expectations Sylvie

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134550 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    is directed primarily at lawyers and law students particularly those who hitherto have been sceptical of the uses and value of law and economics It is not a conventional textbook in the sense that it does not deal systematically with different areas of law Rather each chapter is built on a particular theme or set of themes with examples drawn from across legal categories The approach is discursive anecdotal and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133690 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    insights into the character of the legal system in modern society but also provides an explanation for the role of jurisprudence as part of that legal system In this work the authors seek to explore and develop Luhmann s claim that jurisprudence is part of law s self description a part of the legal system which as a particular kind of legal communication orientates legal operations by explaining law to itself This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and or source of law the nature of law s determinacy or indeterminacy and the role of justice The authors introduction to Luhmann s systems theory concentrates on the concept of closure and the distinct disposition of law s openness to its environment From this beginning the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence natural law and its relationship with legal positivism Dworkin s version of natural law Kelsen s version of legal positivism and Critical Legal Studies This application of systems theory alters our perception of jurisprudence and better

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135984 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    absent from law as is sometimes supposed Lawyers and legal theorists have used and conceptualised risk in particular ways and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility The book explores the conceptual place of risk across a number of fields of law and identifies some significant challenges for law and legal theory arising from broader debates about risk

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841130897 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    law as is sometimes supposed Lawyers and legal theorists have used and conceptualised risk in particular ways and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility The book explores the conceptual place of risk across a number of fields of law and identifies some significant challenges for law and legal theory arising from broader debates about risk It therefore

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841130903 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    through the failures of critical legal studies and stages an encounter with psychoanalysis before suggesting that an aesthetics of law can be exhumed from Nietzsches work The aesthetic is a call to the creative fashion new law A review of contemporary legal theory that makes use of aesthetic perspectives suggests that dissident and radical Nietzschean energies continue to animate legal thought In the final chapter an aesthetics of law is

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132433 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    First Edition Adam Gearey Law and Aesthetics draws on the work of poets as well as philosophers Taking as its starting point Shelleys assertion that poets are unacknowledged legislators the book suggests that there is a way of thinking that as yet has not been taken up by those who make use of literary aesthetics to understand law The book tracks this aesthetic thinking through the failures of critical legal studies and stages an encounter with psychoanalysis before suggesting that an aesthetics of law can be exhumed from Nietzsches work The aesthetic is a call to the creative fashion new law A review of contemporary legal theory that makes use of aesthetic perspectives suggests that dissident and radical Nietzschean energies continue to animate legal thought In the final chapter an aesthetics of law is shown to make for an interruption of legal categories and the generation of new legal relationships The book concludes with a further meditation on Shelleys poetry and a call to continue in the spirit of aesthetic reinvention Adam Gearey is a Senior Lecturer in Law at Birkbeck College University of London Hardback June 2001 9781841132433 Ask For Availability 46 00 Paperback June 2001 9781841130262 20 00

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841130262 (2016-02-13)
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