Modern Jurisprudence
George Pavlakos, University of Glasgow, UK
A Philosophical Guide
Sean Coyle, University of Birmingham, UK This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of ‘modern’ political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh perspective on the subject. UK June 2022 • US June 2022 • 400 pages PB 9781509948901 • £29.99 / $40.95 • HB 9781509950058 • £70.00 / $95.00 ePub 9781509948918 • £26.99 / $37.08 ePdf 9781509948925 • £26.99 / $37.08 Hart Publishing
The EU Audiovisual Media Services Directive
Comparative Commentary on the AVMSD and National Implementation Edited by Mark D Cole, University of Luxembourg & Jenny Metzdorf, University of Luxembourg This commentary sets out, article-by-article, the original provisions contained in the Audiovisual Media Services Directive before analysing domestic transpositions. National measures are grouped in order to reveal similarities and differences and examined for compliance with the Directive. This comparative perspective contributes to the discussions on reforms of the Directive or the EU’s approach to new media services. UK May 2022 • US June 2022 • 1008 pages HB 9781849467858 • £200.00 / $270.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Liberal Democracy, Law and the Citizen Speaker Regulating Online Speech
Ian Cram, University of Leeds, UK This book delivers an original analysis of the legal regulation of online speech and defends a participatory account of speech in non-deliberative settings. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. Speech on public platforms has become democratised. At the same time, concerns exist about disinformation, ‘fake news’, ‘deep fakes’, ‘weaponised speech’ and ‘trolls’. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. How ought the liberal democratic state respond to these challenges? UK August 2022 • US August 2022 • 288 pages HB 9781509945825 • £85.00 / $115.00 ePub 9781509945832 • £76.50 / $105.78 ePdf 9781509945849 • £76.50 / $105.78 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 September 2022 • US September 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
Rightful Relations with Distant Strangers Kant, the EU, and the Wider World
Aravind Ganesh, Maastricht University, the Netherlands
L A W - H A R T – Legal Philosophy / Media Law
Law and Practical Reason
This book provides a philosophical critique of legal relations between the EU and ‘distant strangers’ neither located within, nor citizens of, its Member States. It considers EU and international legal materials in the light of a theory of just global legal relations derived from Kant’s Philosophy of Right. The book looks at areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods), and human rights (‘human rights jurisdiction’), and also critiques the widespread identification of the EU as a Kantian federation of peace. UK September 2022 • US September 2022 • 352 pages PB 9781509946754 • £34.99 / $47.95 Previously published in HB 9781509941315 ePub 9781509941322 • £63.00 / $87.92 ePdf 9781509941339 • £63.00 / $87.92 Series: Law and Practical Reason • Hart Publishing
Law's Humility
Enlarging the Scope of Jurisprudential Disagreement Triantafyllos Gkouvas, University of Glasgow, UK This book invites newcomers to analytical legal philosophy to reconsider the terms they use to describe and defend their jurisprudential allegiances. It argues that familiar labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the actual diversity of views on the nature and normativity of law, because they fail to carve up the reality of jurisprudential disagreement at its joints. These joints are elusive because the semantics of law systematically misplaces them. Their true nature resides in the metaontological and metanormative features that dictate or indicate the target of a theory’s jurisprudential commitments. UK August 2022 • US August 2022 • 304 pages PB 9781509945191 • £29.99 / $40.95 Previously published in HB 9781509936502 ePub 9781509936519 • £54.00 / $75.56 ePdf 9781509936526 • £54.00 / $75.56 Series: Law and Practical Reason • Hart Publishing
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