A Theory of Legal Monsters: Repression, Resistance, Rebellion

Sinopse

The monograph provides coverage of an extensive history of Western thought by distinguishing two kinds of lsquo;legal monstersrsquo;: those as objects of legal regulations, as well as those as a source of criticism. The claim in this volume is twofold. On the one hand, drawing on the Roman lawrsquo;s notion of lsquo;monstrum vel prodigiumrsquo;, the assumption is that the formula should be considered as legally defunct nowadays. nbsp;On the other, it represents a powerful metaphor of legal criticism insofar as it is supported by a strong philosophical framework and robust arguments from positive law. The bookrsquo;s analysis both provides this framework and makes it operational. The idea of lsquo;legal monstersrsquo; remains a powerful tool of criticism that, as handed down by a thousand-year-old tradition, demands attention even today.nbsp; This is becoming all the more apparent in that there is no shortage of such legal cases.nbsp; This volume appeals to students and researchers working in philosophy, law, and political science.