This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres.Through...

First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions ar...

The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, t...

This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination.Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geo...

" One would like to think that the U.S. Supreme Court, the highest Court in the land, is the one island of sanity still remaining. But if what you folks are about to read is any indication, we've all got a lot to worry about. The question that presents itself is whether the near pathological dizziness and irrationality in our society has so invaded this nation's marrow that, like a wild-infectious virus, even the Supreme Court is not immune."--from NO ISLAND OF SANITYNow, in...

Forty-one essays from across the political spectrum, plus Clarence Thomas’s and Anita Hill’s statements to the Senate Judiciary Committee and position papers from major black organizationsDespite the intense media coverage of the confirmation hearings of Supreme Court Justice Clarence Thomas, one aspect seemed continually sidestepped: the response of African Americans to this televised investigation of race, gender, sexuality, and, especially, the black psyche and ...

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world – including the Americas, Australia, Europe, and the United Kingdom – it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic ...

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way ...

In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have...

The revised edition of The Ontological Foundation of Ethics, Politics, and Law adds new concepts and discusses the views of additional thinkers. The author refers to his basic ontological conception of the human “mind” or “spirit” as an evolving, conscious, triadic entity composed of intellect, sensitivity, and power, each exerting a bidirectional (selfish and moral) activity. Through this approach, the notions of good, morality, society, and law are derived from the structure and function...

This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acqui...

This book is dedicated to helping to create a better world through the application of imagination and hope through reason, while acknowledging that there is good or evil in our deeds and thoughts but as importantly, there are intended and unintended consequences that can stem from both that can change good or evil into the other.The events of WWII are horrifying lessons that we must always remember as to our potential for depravity of our human spirit and our overly exuberant and s...