Legal Philosophy / Media Law

New Essays on the Nature of Legal Reasoning

Edited by Mark McBride, National University of Singapore & James Penner, National University of Singapore Bringing together esteemed philosophers and upand-coming scholars, this book critically assesses the nature of legal reasoning. The book has 3 parts: - General Jurisprudence and Legal Reasoning, addressing issues at the intersection of general jurisprudence – those pertaining to the nature of law itself – and legal reasoning. - Rules and Reasons, addressing 2 concepts central to these 2 prominent types of theory of legal reasoning. - Doctrine and Practice, delving into the mechanics of legal practice and doctrine, from a legal reasoning perspective.

UK January 2022 • US January 2022 • 304 pages HB 9781509937653 • £70.00 / $95.00 ePub 9781509937660 • £63.00 / $83.38 ePdf 9781509937677 • £63.00 / $83.38 Series: Law and Practical Reason • Hart Publishing

The Making of Constitutional Democracy

From Creation to Application of Law

Paolo Sandro, University of Salford, UK This book investigates the conceptual structure of the distinction between creation and application of law, ranging widely across philosophy of law and philosophy of language, and incorporating a substantial discussion of the historical and philosophical foundations of administrative law. The book investigates critiques and offers an analytical reconstruction of the distinction between creation and application of law within the structure of constitutional democracy. The argument straddles legal and political theory and builds upon cutting-edge insights from different philosophical disciplines, while also casting new light on long-standing issues in constitutional theory, such as the separation of powers doctrine.

UK December 2021 • US December 2021 • 320 pages HB 9781509905225 • £65.00 / $90.00 ePub 9781509905232 • £58.50 / $76.86 ePdf 9781509905218 • £58.50 / $76.86 Series: Law and Practical Reason • Hart Publishing

Knowing What the Law Is

Legal Theory in a New Key

Alexander Somek, University of Vienna, Austria This book provides an alternative account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It points a way out of persistent predicaments. It proposes a relational approach to law and a new perspective on legal sources.

UK October 2021 • US October 2021 • 192 pages HB 9781509951291 • £85.00 / $115.00 ePub 9781509951307 • £76.50 / $100.32 ePdf 9781509951314 • £76.50 / $100.32 Hart Publishing

A Free and Regulated Press

Defending Coercive Independent Press Regulation

Paul Wragg, University of Leeds, UK This thought-provoking book provides a systematic reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society.

UK November 2021 • US November 2021 • 328 pages PB 9781509943760 • £34.99 / $47.95 Previously published in HB 9781509927234 ePub 9781509927258 • £63.00 / $83.38 ePdf 9781509927241 • £63.00 / $83.38 Hart Publishing

Trust Matters

Cross-Disciplinary Essays

Edited by Raquel Barradas de Freitas, Balliol College, Oxford, UK & Sergio Lo Iacono, University of Utrecht, The Netherlands This book examines the role of trust in public life. It contributes to a more nuanced understanding of certain fundamental concepts in political and legal theory, such as authority, power, social practice, the rule of law, and justice by furnishing and sharpening our concepts of trust and trustworthiness. Bringing together contributors from across the social, cognitive, historical, and political sciences, the book opens up inquiries into central concepts in legal theory as well as new approaches and methodologies. The interdisciplinary contributions analyse the notions of trust, trustworthiness, and distrust and apply them to address a variety of problems and questions.

UK December 2021 • US December 2021 • 240 pages HB 9781509935253 • £70.00 / $95.00 ePub 9781509935260 • £63.00 / $83.38 ePdf 9781509935277 • £63.00 / $83.38 Hart Publishing

Positive Free Speech

Rationales, Methods and Implications

Edited by Andrew T Kenyon, University of Melbourne, Australia & Andrew Scott, London School of Economics and Political Science, UK This book considers matters including media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. This edited collection interrogates the rationales of positive free speech, considers the legislative and juridical methods by which it is more fully reflected in contemporary states, and analyses the range of practical contexts in which its valorisation has significant implications.

UK November 2021 • US November 2021 • 216 pages PB 9781509943906 • £31.99 / $42.95 Previously published in HB 9781509908295 ePub 9781509908301 • £58.50 / $76.86 ePdf 9781509908318 • £58.50 / $76.86 Hart Publishing