Emmanuel Melissaris

A Fair Criminal Law offers a political philosophical theory of criminal law suitable for a substantively and procedurally liberal, democratic, socially just state. Drawing on post-metaphysical political philosophy and taking a constructivist, and largely revisionist, approach the book pursues three aims. First, it offers a theory of criminalisation, that is, an account of the reasons for which a State may respond to breaches of duties in a distinct way (which, as the book will argue may or may not be punishment as we currently understand it). Secondly, it outlines the conditions of criminal responsibility appropriate for and reflecting the foundations of social democratic liberalism. Thirdly, it gives a tentative account of three areas of criminalisation corresponding to bundles of political duties, which a social democratic state is likely to have to adopt, namely violations of others' physical and psychological integrity, violations of others' rights of participation in the political process, and violations of property rights and interests.

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres around one of the leading theorists, H. L. A Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls. Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course.