Law S Quandary

This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

This volume of new essays explores Kant's views on the laws of nature.

Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of law’s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

In this new volume of Kafka studies, which is addressed to both beginning readers of Kafka as well as Kafka scholars, Stanley Corngold discusses Kafka's work in a variety of novel perspectives, including Goethe's The Sufferings of Young Werther; Nietzsche's conception of aphoristic form; bureaucratic organization; accident and risk; the logic of possession and inheritance; and myth, among others. Even as Corngold explores Kafka's work across different fields and tangents, he does so in vivid, readable prose, free of jargon, and with an eye to Kafka's ongoing relevance to the concerns of his day and ours. Taken together these linked essays reveal Kafka in his astonishing many-sidedness.

Barry Stroud presents nineteen of his philosophical essays written since 2001, on topics to do with knowing, seeing, and understanding. He discusses the nature of philosophy, sense experience, the possibility of perceptual knowledge, intentional action and self-knowledge, the reality of the colours of things, alien thought and the limits of understanding, moral knowledge, meaning, use, and understanding of language.