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Birkbeck Law Press


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Constitutional Theory: Schmitt after Derrida

Constitutional Theory: Schmitt after Derrida

1st Edition

Jacques de Ville
June 10, 2019

This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (...

Crime Fiction and the Law

Crime Fiction and the Law

1st Edition

Maria Aristodemou, Fiona Macmillan, Patricia Tuitt
June 15, 2018

This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of...

Land Law and Urban Policy in Context: Essays on the Contributions of Patrick McAuslan

Land Law and Urban Policy in Context: Essays on the Contributions of Patrick McAuslan

1st Edition

Thanos Zartaloudis
April 25, 2018

This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he...

Spinoza, Right and Absolute Freedom

Spinoza, Right and Absolute Freedom

1st Edition

Stephen Connelly
November 11, 2016

Against jurisprudential reductions of Spinoza’s thinking to a kind of eccentric version of Hobbes, this book argues that Spinoza’s theory of natural right contains an important idea of absolute freedom, which would be inconceivable within Hobbes’ own schema. Spinoza famously thought that the...

Albie Sachs and Transformation in South Africa: From Revolutionary Activist to Constitutional Court Judge

Albie Sachs and Transformation in South Africa: From Revolutionary Activist to Constitutional Court Judge

1st Edition

Drucilla Cornell, Karin van Marle, Albie Sachs
August 26, 2015

Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the...

Corporeality, Medical Technologies and Contemporary Culture

Corporeality, Medical Technologies and Contemporary Culture

1st Edition

Francisco Ortega
June 09, 2015

This book examines the confusions and contradictions that manifest in prevalent attitudes towards the body, as well as in related bodily practices. The body is simultaneously our reference for the certainties of nature and the locus of a desire for transformation and reinvention. The body is at...

The Politics of Imagination

The Politics of Imagination

1st Edition

Chiara Bottici, Benoît Challand
December 17, 2012

The Politics of Imagination offers a multidisciplinary perspective on the contemporary relationship between politics and the imagination. What role does our capacity to form images play in politics? And can we define politics as a struggle for people’s imagination? As a result of the increasingly...

New Critical Legal Thinking: Law and the Political

New Critical Legal Thinking: Law and the Political

1st Edition

Matthew Stone, Illan rua Wall, Costas Douzinas
July 05, 2012

New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal....

Revenge versus Legality: Wild Justice from Balzac to Clint Eastwood and Abu Ghraib

Revenge versus Legality: Wild Justice from Balzac to Clint Eastwood and Abu Ghraib

1st Edition

Katherine Maynard, Jarod Kearney, James Guimond
August 18, 2011

In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a...

The Other's War: Recognition and the Violence of Ethics

The Other's War: Recognition and the Violence of Ethics

1st Edition

Tarik Kochi
May 27, 2010

The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist,...

Human Rights, or Citizenship?

Human Rights, or Citizenship?

1st Edition

Paulina Tambakaki
January 25, 2010

While human rights have been enjoying unprecedented salience, the concept of the citizen has been significantly challenged. Rising ethical concerns, the calling into question of state sovereignty, and the consolidation of the human rights regime, have all contributed to a shift in focus: from an...

The Four Lacanian Discourses: or Turning Law Inside Out

The Four Lacanian Discourses: or Turning Law Inside Out

1st Edition

Jeanne Lorraine Schroeder
January 18, 2010

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even...

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