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Author: Costas Douzinas
Publisher: Hart Publishing
ISBN: 9781841134529
Category : Law
Languages : en
Pages : 388
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Book Description
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Author: Costas Douzinas
Publisher: Hart Publishing
ISBN: 9781841134529
Category : Law
Languages : en
Pages : 388
Get Book
Book Description
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Author: Mark Kelman
Publisher: Harvard University Press
ISBN: 9780674367562
Category : Law
Languages : en
Pages : 374
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Book Description
Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
Author: Andrew Altman
Publisher: Princeton University Press
ISBN: 1400828406
Category : Philosophy
Languages : en
Pages : 220
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Book Description
Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
Author: Roberto Mangabeira Unger
Publisher: Verso Books
ISBN: 1781683417
Category : Law
Languages : en
Pages : 226
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Book Description
Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.
Author: Roger Cotterrell
Publisher: Oxford University Press, USA
ISBN: 9780406930552
Category : Law
Languages : en
Pages : 324
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Book Description
This text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510645
Category : Law
Languages : en
Pages : 152
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Book Description
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: Yoriko Otomo
Publisher: Routledge
ISBN: 0415683505
Category : Law
Languages : en
Pages : 209
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Book Description
Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals.
Author: Paul Baumgardner
Publisher: Springer Nature
ISBN: 3030823784
Category : Political Science
Languages : en
Pages : 117
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Book Description
Recent political science research into the American legal academy has been ‘captured by conservatism’—this research has framed the institutional and ideological developments occurring within the law schools over the past forty years solely through the prism of modern conservatism. As a result, political scientists have ignored the political struggles of one of the most important legal reform movements of the 1980s and overlooked the hope for leftist reform that existed within American law schools during this period. Critical Legal Studies and the Campaign for American Law Schools tells the story of the critical legal studies movement. This formidable movement sought to fundamentally reconstruct law schools, train a new generation of leftist lawyers, and replace the dominant form of legal consciousness governing the American legal system. Instead of projecting a fatalism onto leftist reform, this book relies on extensive archival research and interviews to illuminate the radical potential that lived in the American legal academy of the 1980s. The critical legal studies movement was a towering presence in the law schools, and its legacy continues to hold out political possibilities and reform lessons for leftist legal scholars today.
Author: Richard W Bauman
Publisher: Routledge
ISBN: 0429723792
Category : Political Science
Languages : en
Pages : 223
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Book Description
Contemporary legal thought has been powerfully influenced by Critical Legal Studies, a school of legal scholars whose work has sustained a continuing radical critique of established legal doctrines. In this essential reference work, Richard Bauman presents the most thorough, up-to-date guide available for this essential literature. In addition to providing the basic bibliographic information, Bauman offers a set of effective introductions to contextualize and explain the work being surveyed. He has created a fundamental handbook not only for the law but also for politics and radical thought.
Author: Costas Douzinas
Publisher: Routledge
ISBN: 1134883579
Category : Social Science
Languages : en
Pages : 248
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Book Description
This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.
