Routledge Research in Legal Philosophy
About the Book Series
This series features thought-provoking and original scholarship on the philosophy of law. Books explore key topics, themes and questions in the field as well as philosophical issues associated with particular legal subjects.
Legal and Ethical Retributivism: A Restorative Analysis
1st Edition
By Halil Cesur
July 31, 2025
This book explores a foundational philosophical tension in contemporary retributivism, revealing ambiguities in its approach to punishment between two conflicting conceptions of restoration: legal justice and ethical love. Through an analysis of the three parties involved in a crime – the victim, ...
The Illegality Defence in Law: A Constitutional and Human Rights Perspective
1st Edition
By Edit Deutch
June 30, 2025
The Illegality Defence posits that a cause of action cannot arise from a wrongful act. Barring a claim through the application of this defence contradicts considerations of corrective justice, as the defendant is released from liability even though the claimant would otherwise have been entitled to...
Purely Formal Legal Theory: Deontic Networks
1st Edition
By Ottavio Quirico
April 16, 2025
This book elaborates on deontic logic and network theory to present a reductionist theory of the law, disclosing a simple understanding of legal norms based on minimum necessary and sufficient notions. The analysis explores the concept of a ‘norm’ as a claim-obligation relation that regulates ...
Judges, Decision Making and Empathy: Insights from the Bench
1st Edition
By Mateusz Stępień, Ewa Wilczek-Rużyczka
March 31, 2025
This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. Although there is growing interest in the role of empathy in judicial decision-making, there is little research on how judges themselves approach this ...
Sport, Law and Philosophy: The Jurisprudence of Sport
1st Edition
Edited
By Miroslav Imbrišević
January 30, 2025
Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, ...
Metaethical Issues in Contemporary Legal Philosophy: A Constitutivist Approach
1st Edition
Edited
By Stefano Bertea, Jorge Silva Sampaio
December 31, 2024
This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications ...
Cosmopolitanism, State Sovereignty and International Law and Politics: A Theory
1st Edition
By Jorge Emilio Núñez
December 18, 2024
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical ...
Moral Pluralism and the Complexity of Punishment: The Penal Philosophy of H.L.A. Hart
1st Edition
By Nicolas Nayfeld
October 08, 2024
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/...
Act and Omission in Criminal Law: Autonomy, Morality and Applications to Euthanasia
1st Edition
By Roni Rosenberg
August 30, 2024
This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. While any act that positively causes a prohibited harm is sufficient for a conviction, an ...
Human Dignity, Judicial Reasoning, and the Law: Comparative Perspectives on a Key Constitutional Concept
1st Edition
Edited
By Brett G. Scharffs, Andrea Pin, Dmytro Vovk
May 28, 2024
This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of...
Human Dignity and the Law: A Personalist Theory
1st Edition
By Michał Rupniewski
May 27, 2024
This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency. The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law....
Legal Ethics for Lawyers: A New Model
1st Edition
By Barbara Mescher
May 27, 2024
This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers’ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the ...