1. Elgar Studies in Legal Theory

    Series editor: Wojciech Sadurski, Sydney Law School, University of Sydney, Australia

    Elgar Studies in Legal Theory is a new series designed to cultivate and promote high quality works of scholarship on all aspects of legal theory. The focus of the series is on the development of original thinking in legal theory, with topics ranging from law and language, logic and legal reasoning, morality and the law, critical legal studies, and transnational law. Innovative work is encouraged from both established authors and the new generation of scholars.

Books in this series

TOTAL: 12
  1. Domesticating Kelsen

    Domesticating Kelsen

    Alexander Orakhelashvili
    There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This ground-breaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism. It demonstrates that while Kelsen’s theory is highly suitable to examine some of these issues, in relation to some aspects of English law it actually possesses the analytical cutting edge. Learn More
    2019   Hardback Price: $ 120.00   Web: $ 108.00
    Availability: In Stock
  2. The End of Law

    The End of Law

    David McIlroy
    The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. Learn More
    2019   Hardback Price: $ 110.00   Web: $ 99.00
    Availability: In Stock
  3. The Turning Point in Private Law

    The Turning Point in Private Law

    Ugo Mattei, Alessandra Quarta
    Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? The Turning Point in Private Law explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. The authors pose a suggested list of basic principles for a new, ecological legal system in which private law represents a valid ally for defending our future. Learn More
    2018   Hardback Price: $ 110.00   Web: $ 99.00
    Availability: In Stock
    2019   Paperback Price: $ 29.95   Web: $ 23.96
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  4. Law and Evil

    Law and Evil

    Wojciech Załuski
    Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Learn More
    2018   Hardback Price: $ 99.95   Web: $ 89.96
    Availability: In Stock
  5. Gender, Alterity and Human Rights

    Gender, Alterity and Human Rights

    Ratna Kapur
    Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom ­and towards non-liberal registers of freedom. Learn More
    2018   Hardback Price: $ 140.00   Web: $ 126.00
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    2020   Paperback Price: $ 29.95   Web: $ 23.96
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  6. Legal Theory and the Media of Law

    Legal Theory and the Media of Law

    Thomas Vesting
    As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory. Learn More
    2018   Hardback Price: $ 218.00   Web: $ 196.20
    Availability: In Stock
  7. Technology and the Trajectory of Myth

    Technology and the Trajectory of Myth

    David Grant, Lyria Bennett Moses
    This book presents an entirely new way of understanding technology, as the successor to the dominant ideologies that have underpinned the thought and practices of the Western world. Like the preceding ideologies of Deity, State and Market, technology displays the features of a modern myth, promising to deal with our existential concerns on condition of our subjection to them. Utilising robust empirical evidence, David Grant and Lyria Bennett Moses argue that the pathway out of this mythological maze is the production of means to establish a new sense of political, corporate and personal self-responsibility. Learn More
    2017   Hardback Price: $ 131.00   Web: $ 117.90
    Availability: In Stock
  8. Legal Conversation as Signifier

    Legal Conversation as Signifier

    Jan M. Broekman, Frank Fleerackers
    Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Learn More
    2017   Hardback Price: $ 125.00   Web: $ 112.50
    Availability: In Stock
  9. Authority in Transnational Legal Theory

    Authority in Transnational Legal Theory

    Edited by Roger Cotterrell, Maksymilian Del Mar
    The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Learn More
    2016   Hardback Price: $ 175.00   Web: $ 157.50
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    2019   Paperback Price: $ 50.00   Web: $ 40.00
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  10. Law’s Political Foundations

    Law’s Political Foundations

    John O. Haley
    Law’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems. Learn More
    2016   Hardback Price: $ 123.00   Web: $ 110.70
    Availability: In Stock
  11. Comparative Law as Critique

    Comparative Law as Critique

    Günter Frankenberg
    This book presents a critique of conventional ways to do comparative law. The author argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they compare. The author discusses not only methods and theories, but also the ethical implications and the politics of comparative law. Learn More
    2016   Hardback Price: $ 138.00   Web: $ 124.20
    Availability: In Stock
    2019   Paperback Price: $ 47.95   Web: $ 38.36
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  12. Understanding the Nature of Law

    Understanding the Nature of Law

    Michael Giudice
    Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law. Learn More
    2015   Hardback Price: $ 129.00   Web: $ 116.10
    Availability: In Stock