The Public in Law

Claudio Michelon is Lecturer in Law, University of Edinburgh. He was previously Adjunct Professor, Federal University of Rio Grande do Sul (Brazil). He is Secretary-General of the International Association for Philosophy of Law and Social Philosophy and President of the Brazilian Institute for Legal Philosophy (IBFD). Gregor Clunie is a PhD Candidate, University of Glasgow. Christopher McCorkindale is Lecturer in Law, Glasgow Caledonian University. His recent publications include a book on `The Legal Thought of Hannah Arendt'. Haris Psarras is a Tutor in Jurisprudence and in Legal Reasoning & Legal System, School of Law, University of Edinburgh. He is also Attorney at Law, Athens Bar.

Contents: Editors' introduction; On the necessarily public character of law, Neil Walker. Part I Constituted Publics: Rediscovering ’the public’: the curious case of Benjamin Constant, Christopher McCorkindale; Democracy, political parties and the will of the people, Andrew Maloney; Between contract and constitution: international organizations and the protection of global public interests, Richard Collins. Part II Unconstituted Publics: 'Unconstituted publics'?, Scott Veitch; A dilemma for the civil disobedient: pleading 'guilty' or 'not guilty' in the courtroom?, Piero Moraro; Justifying civil disobedience with reference to EU public consensus, Haris Psarras. Part III Excluded Publics: Excluded publics - included privates: the Janus-headed nature of the liberal public-private divide, Daniel Augenstein; The prisoner's right to vote: the creation of an abnormal and excluded public, Vanessa De Greef; Subjects to citizens: 'native' enfranchisement in reconstituting the imperial public of the British Empire c. 1887-1914, Coel Kirkby. Part IV Public/Private: The public/private dichotomy and the unity of capitalist (re-)production, Gregor Clunie; The public nature of private law, Claudio Michelon; Between the public and the private: banking law in 1830s England, Iain Frame; The public-ness of development in the World Trade Organisation, Stephanie Switzer. Part V Emerging Publics: the Role of the Victim in International Criminal Justice: The impact of the distinction between situations and cases on the participation of victims in the International Criminal Court, Ania Salinas and James Sloan; Addressing the interests of victims: perspectives from the office of the prosecutor, Olivia Swaak-Goldman; Victims' access to the International Criminal Court: much remains to be done, Gilbert Bitti and Leïla Bourguiba; Index.