This incisive book offers an innovative understanding of Rousseau’s politico-legal philosophy to illustrate the legal significance of plural agency and what it means for a people to act together. Testing these ideas in controversial contemporary debates, Bert van Roermund provides a critical assessment of ‘political theology’ and establishes a new interpretation of joint action as bodily entrenched.
Do people with multiple personalities have more than one self? The first full-length philosophical study of multiple personality disorder, First Person Plural maintains that even the deeply divided multiple personality contains an underlying psychological unity. Braude updates his work in this revised edition to discuss recent empirical and conceptual developments, including the charge that clinicians induce false memories in their patients, and the professional redefinition of "multiple personality disorder" as "dissociative identity disorder."
In this innovative exploration, told-to narratives, or collaboratively produced texts by Aboriginal storytellers and (usually) non-Aboriginal writers, are not romanticized as unmediated translations of oral documents, nor are they dismissed as corruptions of original works. Rather, the approach emphasizes the interpenetration of authorship and collaboration. Focused on the 1990s, when debates over voice and representation were particularly explosive, this captivating study examines a range of told-to narratives in conjunction with key political events that have shaped the struggle for Aboriginal rights to reveal how these narratives impact larger debates about Indigenous voice and literary and political sovereignty.
In this volume the author examines verbal constructions in prescriptive legal texts written in English. Modal auxiliaries such as shall, may and must are analysed, as well as indicative tenses such as the present simple, and also non-finite constructions such as the -ing form and -ed participles. Results are based on specially compiled corpora of prescriptive texts coming from a wide range of English-speaking countries and also international organizations such as the European Union and the UN. The author also analyses the nature, extent and impact of the calls for change in legal language coming from the Plain Language Movement. Although legal language tends to be depicted as being highly conservative and unchanging, the author shows that in certain parts of the English-speaking world a minor revolution would appear to be taking place, while in other parts there is greater resistance to change.
The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
Personal pronouns have a special status in languages. As indexical tools they are the means by which languages and persons intimately interface with each other within a particular social structure. Pronouns involve more than mere grammatical functions in live communication acts. They variously signal the gender of speakers as parts of utterances or in their anaphoric roles. They also prominently indicate with a range of degrees the kind of social relationships that hold between speakers from intimacy to indifference, from dominance to submission, and from solidarity to hostility. Languages greatly vary in the number of pronouns and other address terms they offer to their users with a distinct range of social values. Children learn their relative position in their family and in their society through the “correct” use of pronouns. When languages come into contact because of population migrations or through the process of translation, pronouns are the most sensitive zone of tension both psychologically and politically. This volume endeavours to probe the comparative pragmatics of pronominal systems as social processes in a representative set from different language families and cultural areas.
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
'Legal Skills' encompasses all the academic and practical legal skills vital to a law degree in one manageable volume. It is an ideal text for the first year law student and a valuable resource for those studying law at any level.
