Legal Philosophy

Lawyers’ Power and Professional Responsibility

Christopher Whelan, University of Oxford, UK This book uses examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the ‘tragic choices’ lawyers everywhere routinely make through their ‘power of decision’. The book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.

UK October 2022 • US October 2022 • 432 pages HB 9781509956999 • £85.00 / $115.00 ePub 9781509957002 • £76.50 / $105.78 ePdf 9781509957019 • £76.50 / $105.78 Hart Publishing

Making Laws That Work

How Laws Fail and How We Can Do Better

David Goddard, Court of Appeal, New Zealand Why do some laws fail? And how can we make laws that actually work? This helpful guide provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed and examines some of the reasons why such failures occur. It provides strategies to reduce the risk of failure of legislative projects and provides useful checklists of questions to ask and issues to consider, which will be invaluble to anyone involved in designing legislation.

UK July 2022 • US July 2022 • 304 pages PB 9781509955367 • £24.99 / $34.95 • HB 9781509955374 • £85.00 / $115.00 ePub 9781509955381 • £22.49 / $31.59 ePdf 9781509955398 • £22.49 / $31.59 Hart Publishing

Human Rights After Deleuze

Towards an An-archic Jurisprudence

Christos Marneros, University of Lincoln, UK This book examines the possibility of creating new ways of existing beyond human rights. The multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now.

UK November 2022 • US November 2022 • 288 pages HB 9781509957705 • £85.00 / $115.00 ePub 9781509957712 • £76.50 / $105.78 ePdf 9781509957729 • £76.50 / $105.78 Hart Publishing The Last Law Lords and the Supreme Court

Alan Paterson, University of Strathclyde, UK The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides an unrivalled view into the workings of the Court during its final decade, and during the formative years of the Supreme Court. Drawing on over 100 interviews, including a total of 36 Law Lords, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the Court has provided seminal. The book demonstrates that appellate decision-making in the House of Lords remains dialogue-based, but is now more varied, being face to face, oral, written, symbolic, contemporary, asynchronic and virtual. The research reveals that during its last decade the House of Lords was only intermittently collegial, while certain Law Lords were adept at utilising techniques for consensus building and influencing colleagues to bring about a change in the majority decision of the court. The modern expansion in judicial review has given rise to another dialogue with Parliament, leading to a constitutional struggle between the highest court and the other branches of government which masks an accountability problem recently exacerbated by our doctrine of separation of powers. The book examines mechanisms for handling this democratic deficit, including reform to the selection procedure for Supreme Court Justices and greater transparency in decision-making.

UK October 2021 • US September 2021 • 366 pages PB 9781509957156 • £19.99 / $26.95 Previously published in HB 9781849463836 ePub 9781782252795 • £17.99 / $24.72 ePdf 9781782252788 • £17.99 / $24.72 Hart Publishing

Agency, Morality and Law

Joshua Jowitt, Newcastle University, UK This book demonstrates that the normative force of law has a necessary connection to morality in 2 ways. Firstly, a commitment to the concept of moral truths is required; secondly, these moral truths must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth’s Principle of Generic Consistency, which locates the existence of universally applicable moral norms through a dialectically necessary argument grounded in the truism of noumenal agency. It demonstrates that a universalised instrumental reason serves as an imperative to bind agents to its absolute and exclusionary requirements against potentially non-compliant behaviour.

UK November 2022 • US November 2022 • 224 pages HB 9781509947683 • £70.00 / $95.00 ePub 9781509947690 • £63.00 / $87.92 ePdf 9781509947706 • £63.00 / $87.92 Series: European Academy of Legal Theory Series • Hart Publishing

Law's Moral Indifference

Andreas Takis, Aristotelian University of Thessaloniki, Greece This book traces the developments that established legal positivism as an almost insurmountable horizon in legal theory. It shows that modern positivism's enduring success is due to the gradual abandonment of its core position on law's moral indifference, which, paradoxically, renders it less and less positivistic.

UK December 2022 • US December 2022 • 264 pages HB 9781849460149 • £60.00 / $80.00 ePub 9781782252337 • £54.00 / $75.56 ePdf 9781849469463 • £54.00 / $75.56 Series: Law and Practical Reason • Hart Publishing