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Author: Brendan Edgeworth
Publisher: Routledge
ISBN: 1351725610
Category : Law
Languages : en
Pages : 445
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Book Description
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Author: Brendan Edgeworth
Publisher: Routledge
ISBN: 1351725610
Category : Law
Languages : en
Pages : 445
Get Book Here
Book Description
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Author: Sionaidh Douglas-Scott
Publisher: A&C Black
ISBN: 1782251200
Category : Law
Languages : en
Pages : 648
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Book Description
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Author: Brendan Edgeworth
Publisher: Dartmouth Publishing Company
ISBN: 9781840140095
Category : Law
Languages : en
Pages : 0
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Book Description
Arguing that contemporary law can be understood to have undergone parallel changes to postmodernism, this book then reconsiders influential neo-evolutionist analyses of the nature of law in the welfare state.
Author: John Law
Publisher: John Wiley & Sons
ISBN: 0631185135
Category : Social Science
Languages : en
Pages : 242
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Book Description
In this important theoretical and empirical statement John Law argues against the purity of post-enlightenment political and social theory, and offers an alternative post-modern sociology. Arguing in favor of a sociology of verbs, he suggests that power, organizations, mind-body dualisms, and macro-micro distinctions may all be understood as the local performance of recursive modes of social ordering. Drawing on a range of theoretical traditions including actor-network theory, verstehende sociology, and the writing of Michel Foucault, he explores the production of materials - including agents and architectures - and their importance for these modes of ordering. The book, which draws on organizational ethnography to develop its argument, is essential reading for all those interested in social theory, materialism, or the sociology of organizations at the end of the era of high modernity.
Author: Wayne Morrison
Publisher: Routledge
ISBN: 113535281X
Category : Law
Languages : en
Pages : 732
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Book Description
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.
Author: Sandra C. Bamford
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 324
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Book Description
This collection of original essays critically examines the relationship between ritual, embodiment, and social change in the South Pacific. Over the past few decades, the societies of Melanesia have undergone profound and revolutionary social change. Encounters with colonialism, postcolonialism, and the forces of globalization have put indigenous peoples in touch with processes of state formation, late capitalist culture, and the emergence of a complex network of transnational identities. In addition to shaping the contours of the nation state, these developments are having a profound impact on the nature of embodied experience. In recent years, many Melanesian societies have witnessed the rise of charismatic Christianity, changing gender configurations, and the growing use of consumerism as a means of defining new social and political hierarchies. Embodying Modernity and Post-Modernity provides detailed analyses of those social changes that are becoming part of contemporary Melanesia. Written by experts with first-hand fieldwork experience, this volume furnishes novel insights concerning the social implications of modernity and postmodernity. More specifically, it addresses two interrelated themes: how the rise of new social and economic forms has influenced the ways in which Melanesians think about, experience and act upon their bodies, and the ways in which these new forms of bodily experience contribute to the emergence of new social and cultural identities. This book is part of the Ritual Studies Monograph Series, edited by Pamela J. Stewart and Andrew Strathern, Department of Anthropology, University of Pittsburgh. "While this volume will be of particular interest for regional specialists and theorists of the body, it also makes important contributions to historical analysis of colonial and post-colonial interpretations of modernity and ritual studies. The editor also deserves credit for bringing together a cohesive text, one in which the articles usefully speak to and complement one another." -- Anthropological Forum "This book is a must read for scholars of Melanesia and all scholars of the Anthropology of the Body. There is much to be gleaned theoretically from these ethnographically rich essays." -- Oceania
Author: Peter Baofu
Publisher: Cambridge Scholars Publishing
ISBN: 1443820113
Category : Medical
Languages : en
Pages : 474
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Book Description
What makes the rule of law so special that it is to conscientiously punish the “bad” doers and reward the “good” ones—such that, where there is the rule of law, peace and order are to be expected, so that “the rule of law is better than the rule of any individual”? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and Liberia, they have turned a blind eye to the major powers which have killed—on a much larger and more brutal scale, by comparison—innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justice—while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new direction—in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its “post-human” fate.
Author: Gary Minda
Publisher: NYU Press
ISBN: 0814761011
Category : Law
Languages : en
Pages : 363
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Book Description
A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Author: Zygmunt Bauman
Publisher: John Wiley & Sons
ISBN: 0745638112
Category : Social Science
Languages : en
Pages : 450
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Book Description
Modern civilization, Bauman argues, promised to make our lives understandable and open to our control. This has not happened and today we no longer believe it ever will. In this book, now available in paperback, Bauman argues that our postmodern age is the time for reconciliation with ambivalence, we must learn how to live in an incurably ambiguous world.
Author: Owen Anderson
Publisher: Cambridge University Press
ISBN: 1107008425
Category : Law
Languages : en
Pages : 321
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Book Description
This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.
