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In Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law.
The Bourgeois Charm of Karl Marx & the Ideological Irony of American Jurisprudence by Dana Neacsu Pdf
The Bourgeois Charm of Karl Marx & the Ideological Irony of American Jurisprudence employs a well-known body of work, Marx’s, to explain the inevitable limits of scholarship, in hopes to encourage academic boldness, and diversity, especially within American jurisprudence
This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, “missionary,” critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes—particularly law, politics, and scholarship—are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge’s behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology—attitudes toward human values—is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert’s concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.
Legality, Ideology, and the State by David Sugarman Pdf
Karls Renner on socialist legality; Pashukanis and the comodity form theory; Legality and political legitimacy in the sociology of Max Weber; Gramsci, the state and the place of law; Law, legitimation and the advanced capitalist state: the jurisprudence and social theory of Jurgen Habermas; Law, plurality and underdevelopment; State, civil society and total institution: a critique of recent social histories of punishment; Law, economy and the state in England, 1750-1914: some major issues; Anarchism, marxism and the critique law.
Author : William M. Wiecek Publisher : Oxford University Press on Demand Page : 297 pages File Size : 54,8 Mb Release : 1998 Category : Law ISBN : 9780195118544
The Lost World of Classical Legal Thought by William M. Wiecek Pdf
This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal. Between 1866 and 1937, a coherent outlook shaped the way the American bar understood the sources of law, the role of the courts, and the relationship between law and the larger society. William M. Wiecek explores this outlook--often called "legal orthodoxy" or "classical legal thought"--which assumed that law was apolitical, determinate, objective, and neutral. American classical legal thought was forged in the heat of the social crises that punctuated the late nineteenth century. Fearing labor unions, immigrants, and working people generally, American elites, including those on the bench and bar, sought ways to repress disorder and prevent political majorities from using democratic processes to redistribute wealth and power. Classical legal thought provided a rationale that assured the legitimacy of the extant distribution of society's resources. It enabled the legal suppression of unions and the subordination of workers to management's authority. As the twentieth-century U.S. economy grew in complexity, the antiregulatory, individualistic bias of classical legal thought became more and more distanced from reality. Brittle and dogmatic, legal ideology lost legitimacy in the eyes of both laypeople and ever-larger segments of the bar. It was at last abandoned in the "constitutional revolution of 1937", but--as Wiecek argues in this detailed analysis--nothing has arisen since to replace it as an explanation of what law is and why courts have such broad power in a democratic society.
Ideology, Psychology, and Law by Jon Hanson,John Jost Pdf
Features the groundbreaking law-related research of political psychologists. Includes leading legal scholars' commentary and analysis of political psychologists' work. The first book to bring together experts to discuss the interaction between psychology, ideology, and law.
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Althusser & Law is the first book specifically dedicated to the place of law in Louis Althusser’s philosophy. The growing importance of Althusser’s philosophy in contemporary debates on the left has - for practical and political, as well theoretical reasons - made a sustained consideration of his conception of law more necessary than ever. As a form of what Althusser called ‘Ideological State Apparatuses’, law is at the forefront of political struggles: from the destruction of Labour Law to the exploitation of Patent Law; from the privatisation of Public Law to the ongoing hegemony of Commercial Law; and from the discourse on Human Rights to the practice of judicial courts. Is Althusser still useful in helping us to understand these struggles? Does he have something to teach us about how law is produced, and how it is used and misused? This collection demonstrates that Althusser’s ideas about law are more important, and more contemporary, than ever. Indeed, the contributors to Althusser and Law argue that Althusser offers a new and invaluable perspective on the place of law in contemporary life.
Politics, Ideology, and the Law in Early Modern Europe by Adrianna E. Bakos Pdf
This volume celebrates the career of Professor J.H.M. Salmon, whose work on the study of early modern Europe enjoys a high reputation world-wide. Appropriately centred on France, the essays make a significant contribution to the study of political life and thought during the ancien regime. Proceeding from a variety of vantage points, some of the foremost scholars in the field of early modern Europe consider the many ways in which contemporaries in different walks of life expressed their understanding of, and participation in, the political community, using new approaches drawn from cultural history, the history of ideologies and a resurgence of interest in the history of institutions. Subjects discussed include institutional rivalries and how they complicated efforts to mount opposition to government policies; political thought and concepts such as sovereignty, conciliarism, and dominum; and how contemporary understanding of the political order was worked out in a cultural context. The volume also suggests new directions for research.
Author : Roberta Kevelson Publisher : Peter Lang Incorporated, International Academic Publishers Page : 270 pages File Size : 47,7 Mb Release : 1996 Category : Law ISBN : STANFORD:36105060464653
Law and the Conflict of Ideologies by Roberta Kevelson Pdf
From the perspective of Legal Semiotics a community of distinguished scholars, representing a wide range of countries, academic disciplines and legal cultures present vanguard studies on the significance of ideological conflict in legal theory and practice. Ideological conflict is often assumed in this collection as an opportunity for bringing together in fruitful dialogue opposing systems of signs, regarded as ideologies, to the result of creating more comprehensive human values. Law is shown to function as a medium or means by which value transactions are brought about.
Ideology in the Language of Judges by Susan Urmston Philips Pdf
Studying the language of judges in courtrooms, the author of this text demonstrates that they are not impartial arbiters of due process, but are influenced by their own political-ideological stance and interpretation of the law. The effect on their interaction with defendants is shown.
The Jurisprudence of Emergency by Nasser Hussain Pdf
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.
