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Author : Matthew H. Kramer
Publisher : Unknown
Page : 360 pages
File Size : 42,7 Mb
Release : 1991
Category : Law
ISBN : UOM:39015019631822
Author : Ian Ward
Publisher : Routledge
Page : 218 pages
File Size : 53,5 Mb
Release : 2012-10-02
Category : Law
ISBN : 9781136997815
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.
Author : Drucilla Cornell,Michel Rosenfeld,David Gray Carlson
Publisher : Routledge
Page : 420 pages
File Size : 50,6 Mb
Release : 2016-05-13
Category : Philosophy
ISBN : 9781134935154
The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.
Author : Matthew H. Kramer
Publisher : Rowman & Littlefield
Page : 356 pages
File Size : 50,6 Mb
Release : 1995
Category : Critical legal studies
ISBN : 0847679888
Author : Margaret Davies
Publisher : Pluto Press
Page : 0 pages
File Size : 49,8 Mb
Release : 1996-08-15
Category : Philosophy
ISBN : 0745311008
"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, deconstruction, feminism and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover
Author : Tom D. Campbell
Publisher : Routledge
Page : 417 pages
File Size : 40,7 Mb
Release : 2016-12-05
Category : Philosophy
ISBN : 9781351886871
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 47,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Peter Goodrich
Publisher : Palgrave MacMillan
Page : 288 pages
File Size : 46,9 Mb
Release : 2008-10-02
Category : Law
ISBN : STANFORD:36105131672243
From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.
Author : Scott Brewer
Publisher : Taylor & Francis
Page : 400 pages
File Size : 44,9 Mb
Release : 1998
Category : Law
ISBN : 0815326580
Author : Ota Weinberger
Publisher : Springer Science & Business Media
Page : 289 pages
File Size : 44,6 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401134583
It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Author : Mauro Zamboni
Publisher : Springer Science & Business Media
Page : 171 pages
File Size : 47,9 Mb
Release : 2007-10-25
Category : Law
ISBN : 9783540739265
This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Author : Pierre Legrand
Publisher : Routledge
Page : 588 pages
File Size : 43,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351569712
This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike.
Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 182 pages
File Size : 55,8 Mb
Release : 2009-11-11
Category : Law
ISBN : 9780472023684
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author : Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis
Publisher : Routledge
Page : 277 pages
File Size : 40,7 Mb
Release : 2020-07-22
Category : Law
ISBN : 9780429663796
This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.
Author : Peter V. Zima
Publisher : A&C Black
Page : 240 pages
File Size : 53,9 Mb
Release : 2002-06-01
Category : Philosophy
ISBN : 9781847140388
This book surveys the main schools and theorists of deconstruction, establishing their philosophical roots and tracing their intellectual development. It analyses their contribution to the understanding of literature and ideology, comparing their critical value and exploring the critical reaction to deconstruction and its limitations. The text is designed for students who wish to understand how and why deconstruction has become the dominant tool of the humanities. Deconstruction and Critical Theory marks a new stage in the reception history of Derrida's work and in the wider philosophical debate around deconstruction. Zima's study makes a strikingly original contribution to our better understanding of deconstruction and its various philosophic sources. Christopher Norris, University of Wales at Cardiff. Deconstruction And Critical Theory: surveys the main schools and theorists of deconstruction; establishes their philosophical roots; traces their intellectual development; analyses their contribution to the understanding of literature and ideology; compares their critical value; explores the critical reaction to deconstruction and its limitations. This is the ideal text for students who wish to understand how and why deconstruction has become the dominant tool of the Humanities.
