From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research (legal dogmatics), can and should contribute to the law's coherence. Part III explores the role of constitutional law in managing the tension between law's voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author's previous work, Critical Legal Positivism (Ashgate 2002).

These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.

Back cover: Andrea Vestrucci presents a pioneering analysis of Martin Luther's "De servo arbitrio", one of the most challenging works of Christian theology. From the hidden God to predestination, from justification to ontology, from logic to aesthetics the author explores a paradigm-shifting perspective on theological language.

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

This study uses new arguments to reinvestigate the relation between aesthetics and politics in the contemporary debates on democratic theory and radical democracy. First, Carl Schmitt and Claude Lefort help delineate the contours of an aesthetico-political understanding of democracy, which is developed further by studying Merleau-Ponty, Ranci�re, and Arendt. The ideas of Merleau-Ponty serve to establish a general "ontological" framework that aims to contest the dominant currents in contemporary democratic theory. It is argued that Merleau-Ponty, Arendt, and Ranci�re share a general understanding of the political as the contingently contested spaces and times of appearances. However, the articulation of their thought leads to reconsider and explore under-theorized as well as controversial dimensions of their work. This search for new connections between the political and the aesthetic thought of Arendt and Merleau-Ponty on one hand and the current widespread interest in Ranci�re's aesthetic politics on the other make this book a unique study that will appeal to anyone who is interested in political theory and contemporary continental philosophy.