This book contains the first English translations of Santi Romano's important essays, 'On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria' (1909) and 'The Modern State and its Crisis' (1910).

Before Santi Romano wrote his masterpiece The Legal Order in 1917-18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of 'On the Decree Laws' is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in his Political Theology and has provided a reference point for Giorgio Agamben. The second essay, 'The Modern State and its Crisis', is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements.

Indispensable for contemporary scholars to understand how Romano's most revolutionary notions came about, as well as to fully appreciate the theoretical import of his concept of law, this book will appeal to legal and political theorists and others who are interested in how law deals and should deal with emergencies and social crises.

This collection of essays, written by leading experts, showcases historiographical problems, fresh interpretations, and new debates in medieval and Renaissance history and political thought.

Recent scholarship on medieval and Renaissance political thought is witness to tectonic movements. These involve quiet, yet considerable, re-evaluations of key thinkers such as Thomas Aquinas and Machiavelli, as well as the string of lesser known "political thinkers" who wrote in western Europe between Late Antiquity and the Reformation. Taking stock of thirty years of developments, this volume demonstrates the contemporary vibrancy of the history of medieval and Renaissance political thought. By both celebrating and challenging the perspectives of a generation of scholars, notably Cary J. Nederman, it offers refreshing new assessments. The book re-introduces the history of western political thought in the Middle Ages and the Renaissance to the wider disciplines of History and Political Science. Recent historiographical debates have revolutionized discussion of whether or not there was an "Aristotelian revolution" in the thirteenth century. Thinkers such as Machiavelli and Marsilius of Padua are read in new ways; less well-known texts, such as the Irish On the Twelve Abuses of the Age, offer new perspectives. Further, the collection argues that medieval political ideas contain important lessons for the study of concepts of contemporary interest such as toleration.

The volume is an ideal resource for both students and scholars interested in medieval and Renaissance history as well as the history of political thought.

Discussing the civilizatory crisis and processes of refeudalization this volume brings into dialogue two of the most creative approaches, in Olaf Kaltmeier and Edgardo Lander, to rethink capitalism in the 21st century.

In Part 1, Olaf Kaltmeier, takes issue with the state of social inequality in the region, highlighting the concentration of wealth within the upper 1% of society in Latin America. Comparing the current economic situation with the ancient regime, the discussion centers around the new phenomena like billionaires as president, increased luxury consumption, an emerging culture of distinction, and the intensification of land and spatial segregation. In Part 2, Lander urgently assesses the current state and political legacy of the "Pink Tide" governments in his essay "Crisis of Civilization." Reviewing the past two decades of the new millennium, Lander critiques the failure of these governments to provide alternatives to extractivism and economic dependencies. Finally, Hans-Juergen Burchardt connects the arguments through interviews where both authors sum their efforts to open the issues to future dialogue.

Refeudalization in Latin America provides an accessible and thought-provoking political diagnosis from the Global South which departs from the oft idiosyncratic and cyclical debates of the Global North to offer new vocabulary for social change. It will interest scholars and students of global studies, sociology, and political science.

This book is a primer on economics of competition law by a Commissioner based on cases of the Competition Commission of India (CCI). It presents economic theories in lucid ways while providing an in depth economic analysis of the cases dealt by CCI and in the process, it blends the diversity of responses by including the orders upheld by majority and minority. In essence. It is a unique work that addresses the gap between competition law and economics.

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of "most serious"; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public's perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the "most serious crimes." Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship.

Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.

This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.

Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.

In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses.

The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism, critical race theory, the challenges of digital technology, and the emergence of new legal subjects.

Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.

Debate over the meaning and purpose of the grand experiment called the United States has existed since its inception. Alexander Hamilton and James Madison worked closely together to achieve the ratification of the Constitution, which both considered essential for the survival of the United States. However, within just a few years of the Constitution's ratification, they became bitter political enemies as the pair disagreed about what the United States should be like under the new Constitution, specifically how to interpret the Constitution they both worked to create and support.
Defining the Republic: Early Conflicts over the Constitution documents, through presentation of their own words, that these two essential early Americans simply had different expectations all along. Expectations that went unexamined during the frenetic times in which the Constitution was written, debated, and ratified.
It is to their differences that Americans today can look in order to better understand the history of the United States, as well as current debates over politics and life in general in the country Hamilton and Madison helped to create.