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SERIES PHILOSOPHY OF LAW AND LEGAL THEORY COLLECTED ESSAYS IN LAW Series Editor: Tom D. Campbell, Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia ‘…a high-standard series of essay compilations published by <strong>Ashgate</strong>/Dartmouth.’ Associations: Journal for Legal and Social Theory Each volume in this Collected Essays series brings together a selection of articles by a leading authority on a particular subject. The collected essays complement each other to give a retrospective view of the author’s achievements and a developmental picture of a subject area. For more information on this series, including a full list of titles, contents listings and more, please visit www.ashgate.com/legalreference Beyond Law in Context Developing a Sociological Understanding of Law David Nelken, Cardiff University, UK, The London School of Economics and Political Science, UK and Macerata University, Italy Collected Essays in Law These essays examine the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal ‘fit’ between law and its social context. Includes 15 previously published journal articles February 2009 348 pages Hardback 978-0-7546-2802-6 £80.00 NEW Family Values and Family Justice Michael Freeman, University College London, UK Collected Essays in Law This book provides essential material for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights and dispute resolution. Contents: Family values and family justice; Disputing children; The best interests of the child? Is the best interests of the child in the best interests of children?; What’s right with rights for children; The end of the Century of the Child?; Children are unbeatable; Saviour siblings; Why it remains important to take children’s rights seriously; Legal ideologies, patriarchal precedents and domestic violence; The right to responsible parents; Does surrogacy have a future after Brazier?; Not such a queer idea: Is there a case for same sex marriages?; Questioning the delegalization movement in family law: do we really want a family court?; Is the Jewish Get any business of the state?; Towards a critical theory of family law; NAME INDEX. Includes 15 previously published articles February 2010 406 pages Hardback 978-0-7546-2663-3 £80.00 Law as Resistance Modernism, Imperialism, Legalism Peter Fitzpatrick, Birkbeck University of London, UK Collected Essays in Law ‘…breathtakingly rich in varying content, yet steadfast in its unifying focus…’ Journal of South African Law Includes 14 previously published articles 2008 354 pages Hardback 978-0-7546-2685-5 £80.00 Legal Scholarship and Education Mark Tushnet, Harvard Law School, USA Collected Essays in Law Includes 19 previously published articles 2008 302 pages Hardback 978-0-7546-2673-2 £70.00 Living Law Studies in Legal and Social Theory Roger Cotterrell, Queen Mary University of London, UK Collected Essays in Law Includes 21 previously published journal articles 2008 412 pages Hardback 978-0-7546-2710-4 £85.00 Meaning, Mind and Law Dennis Patterson, Rutgers University, USA and Swansea University, UK Collected Essays in Law Includes 15 previously published journal articles 2008 378 pages Hardback 978-0-7546-2749-4 £90.00 18 LEGAL REFERENCE 2010 NEW Islam and Human Rights Selected Essays of Abdullahi An-Na’im Abdullahi An-Na’im, Emory University, USA and Mashood A. Baderin, School of Oriental and African Studies University of London, UK Collected Essays in Law This anthology brings together a selection of classic articles written by the leading international scholar, Professor Abdullahi An-Na’im, on the relationship between Islam and human rights. Contents: PART I: ISLAM BETWEEN UNIVERSALISM AND SECULARISM: What do we mean by universal?; Islamic law, international relations and human rights: Challenge and response; A kinder, gentler Islam?; Re-affirming secularism for Islamic societies; Islam and human rights: Beyond the universality debate. PART II: ISLAM AND HUMAN RIGHTS IN THE MUSLIM WORLD: Human rights in the Muslim world: Socio-political conditions and scriptural imperatives; Civil rights in the Islamic constitutional traditions: Shared ideals and divergent regimes; Human rights in the Arab world: A regional perspective; Human rights and Islamic identity in France and Uzbekistan: Mediation of the local and global; ‘The best of times’ and ‘the worst of times’: Human agency and human rights in Islamic societies. PART III: SOME TOPICAL ISSUES IN ISLAM AND HUMAN RIGHTS DISCOURSE: The Islamic law of apostasy and its modern applicability: A case from the Sudan; Religious minorities under Islamic law and the limits of cultural relativism; The rights of women and international law in the Muslim context; The contingent universality of human rights: The case of freedom of expression in African and Islamic contexts; Why should Muslims abandon jihad? Human rights and the future of international law. PART IV: CONCLUSION:ATHEORY OF INTERDEPENDENCE: The interdependence of religion, secularism, and human rights: Prospects for Islamic societies; NAME INDEX. Includes 16 previously published journal articles January 2010 412 pages Hardback 978-0-7546-2823-1 £80.00 NEW Law, Hermeneutics and Rhetoric Francis J. Mootz III, University of Nevada, USA Collected Essays in Law This collection of Mootz’s classic essays argues that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. Whereas contemporary legal theory is fragmented, this ‘return’ to hermeneutics and rhetoric as touchstones for law embraces dynamic traditions and provides the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization. Contents: PART I: LEGAL HERMENEUTICS AND THEORY: The new legal hermeneutics; The ontological basis of legal hermeneutics: A proposed model of inquiry based on the work of Gadamer, Habermas and Ricoeur; A future foretold: Neo-Aristotelian praise of post modern legal theory. PART II: LAW, HERMENEUTICS AND RHETORIC: Rhetorical knowledge in legal practice and theory; Law in flux: Philosophical hermeneutics, legal argumentation and the natural law tradition. PART III: CRITICAL HERMENEUTICS AND LEGAL RHETORIC: Nietzschean critique and philosophical hermeneutics; responding to Nietzsche: the constructive power of destruktion; NAME INDEX. Includes 7 previously published articles October 2010 492 pages Hardback 978-0-7546-2810-1 £100.00 eBook 978-0-7546-2968-9 www.ashgate.com/ebooks
SERIES PHILOSOPHERS AND LAW Series Editor: Tom D. Campbell, Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia This series is concerned with the group of philosophers, such as Aristotle, Kant and Hegel, whose names are not immediately or primarily associated with law, but who nevertheless, have had a profound influence on legal thought. Each volume in the series deals with a major philosopher whose work has been taken up and applied to the study and critique of law and legal systems. The essays chosen represent the most important and influential contributions to the interpretation of the philosophers concerned and the relevance of their work to current legal issues. For more information on this series, including a full list of titles and contents listings, please visit www.ashgate.com/legalreference NEW Foucault and Law Edited by Ben Golder, University of New South Wales, Australia and Peter Fitzpatrick, Birkbeck University of London, UK Philosophers and Law This selection of published articles of Michel Foucault’s work reflects the diverse and contested impact of his work on theorizing law as well as on the wide range of intellectual fields that it has so conspicuously influenced. Contents: INTRODUCTION: PART I: EPISTEMOLOGIES:ARCHAEOLOGY, DISCOURSE, ORIENTALISM: Women’s resolution of laws reconsidered: Epistemic shifts and the emergence of the feminist legal discourse, Maria Drakopoulou; Legal orientalism, Teemu Ruskola. PART II: POLITICAL PHILOSOPHY: DISCIPLINE, GOVERNMENTALITY AND THE GENEALOGY OF LAW: Foucault’s expulsion of law: Toward a retrieval, Alan Hunt; Norms, discipline, and the law, François Ewald; Between governance and discipline: The law and Michel Foucault, Victor Tadros; Governed by law?, Nikolas Rose and Marina Valverde; Political power beyond the state: Problematics of government, Nikolas Rose and Peter Miller. PART III: EMBODIMENT, DIFFERENCE, SEXUALITY AND THE LAW: Foucault and the paradox of bodily inscriptions, Judith Butler; Foucault, rape, and the construction of the feminine body, Ann J. Cahill; Structured like a monster: Understanding human difference through a legal category, Andrew N. Sharpe; Beyond the privacy principle, Kendall Thomas. PART IV: THE SUBJECT OF RIGHTS AND ETHICS: Sexual ethics and postmodernism in gay rights philosophy, Carlos A. Ball; Power and right in Nietzsche and Foucault, Paul Patton; The ‘paradox’ of knowledge and power: Foucault on the bias, Thomas Keenan; NAME INDEX. Includes 14 previously published articles August 2010 566 pages Hardback 978-0-7546-2866-8 £150.00 Cicero and Modern Law Edited by Richard O. Brooks, Vermont Law School, USA Philosophers and Law Cicero and Modern Law contains the best modern writings on Cicero’s major law related works, along with a comprehensive bibliography of writings on Cicero’s legal works. The articles include discussions of Cicero’s influence upon central themes in modern legal thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero’s contribution to modern legal thinking. Contributors: Richard McKeon, Andrew J.E. Bell, Jill Harries, Michael Mendelson, Elizabeth Asmis, Malcolm Schofield, John R. Kroger, Andrew Lintott, Neal Wood, C.W. Keyes, E.M. Atkins, Michael J. Buckley, Walter Watson, Louis J. Sirico, Jr., Philip Mitsis, Daniel T. Rodgers, Mortimer Sellars, Philip Pettit, Michael Frost. Includes 19 previously published journal articles 2009 662 pages Hardback 978-0-7546-2723-4 £185.00 ORDERING INFORMATION: Derrida and Law Edited by Pierre Legrand, University of Paris Panthéon–Sorbonne, France Philosophers and Law This volume gathers together sixteen seminal articles, all written by leading scholars, which demonstrate the influence of Derrida’s scholarship on the field of law. The introduction addresses salient aspects of Jacques Derrida’s engagement with law, and the extensive bibliography of sources in English provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida’s philosophy and in particular to the interaction between Derrida and law. Contributors: Leonard Lawlor, Ben Mathews, John P. McCormick, Margaret Davies, Elisabeth Weber, Roberto Buonamano, Petra Gehring, Pierre Schlag, Alan Brudner, Peter Goodrich, J.M. Balkin, Costas Douzinas, Ronnie Warrington, Pierre Legrand, Gunther Teubner, Michael Rosenfeld, Peter Fitzpatrick. Includes 16 previously published journal articles 2009 584 pages Hardback 978-0-7546-2826-2 £155.00 Nietzsche and Law Edited by Francis J. Mootz III, University of Nevada, USA and Peter Goodrich, Cardozo School of Law, USA Philosophers and Law Includes 17 previously published journal articles 2008 456 pages Hardback 978-0-7546-2620-6 £125.00 Marx and Law Edited by Susan Easton, Brunel University, UK PHILOSOPHY OF LAW AND LEGAL THEORY Philosophers and Law ‘…a worthwhile purchase for any library supporting faculty research in either Marx or law.’ Philosophy in Review Includes 21 previously published journal articles 2008 586 pages Hardback 978-0-7546-2732-6 £155.00 ONLINE: Order online at www.ashgate.com All online orders receive a 10% discount! EMAIL: ashgate@bookpoint.co.uk TELEPHONE: +44 (0) 1235 827730 FAX: +44 (0) 1235 400454 MAIL TO: Bookpoint Ltd, <strong>Ashgate</strong> Publishing Direct Sales, 130 Milton Park, Abingdon, Oxon, OX14 4SB, UK ORDER REFERENCE: S1DRF STANDING ORDERS: To place a standing order for a series, please visit www.ashgate.com/standingorder or contact Sharon Heathcote in our sales department via email: sheathcote@ashgatepublishing.com WWW.ASHGATE.COM/LEGALREFERENCE 19
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