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Author: Sonja Buckel
Publisher: BRILL
ISBN: 9004432019
Category : Political Science
Languages : en
Pages : 320
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Book Description
On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today. To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories – above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.
Author: Sonja Buckel
Publisher: BRILL
ISBN: 9004432019
Category : Political Science
Languages : en
Pages : 320
Get Book Here
Book Description
On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today. To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories – above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.
Author: O’Connell, Paul
Publisher: Edward Elgar Publishing
ISBN: 178811986X
Category : Law
Languages : en
Pages : 608
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Book Description
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
Author: Cara Röhner
Publisher: Edward Elgar Publishing
ISBN: 1035316161
Category : Law
Languages : en
Pages : 321
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Book Description
Building on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship, as well as a vocabulary for equality-oriented interpretations of law.
Author: Kirsten Campbell
Publisher: Cambridge University Press
ISBN: 110849708X
Category : Law
Languages : en
Pages : 393
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Book Description
An innovative socio-legal study of 'international justice', focusing on conflict-related sexual violence in the former Yugoslavia.
Author: Mikael Spång
Publisher: Springer
ISBN: 3319628909
Category : Political Science
Languages : en
Pages : 137
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Book Description
This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
Author: Manfred Liebel
Publisher: Policy Press
ISBN: 1447370406
Category : Political Science
Languages : en
Pages : 264
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Book Description
C2023-0-02682-8
Author: David Renton
Publisher: Watkins Media Limited
ISBN: 1914420187
Category : Political Science
Languages : en
Pages : 228
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Book Description
One of Britain’s leading barristers argues for a world in which the law should play a smaller part in all our lives. Understanding the main political projects of our times, and their plans to expand or shrink the law, is the first step towards achieving greater equality and averting climate disaster. Since 2016, Britain has been ruled by populists, who promise to expand democracy and shrink the law by taking back power from the European Union. Yet what these populists have actually done in power is institute a vast increase in new laws, made by ministers and not Parliament, regulating every aspect of our lives. This move of promising less law while actually expanding it, has been characteristic of our lives for forty years, ever since the neoliberal counter-revolution. Every year, new criminal offences are created; new regulations are introduced. Renton’s book dares us to imagine a world in which workers are winning, and ecocide treated with the urgency that it deserves. These changes can only come about, he argues, if the movements of the oppressed choose to disengage from the law.
Author: Cosmin Cercel
Publisher: Taylor & Francis
ISBN: 1040152554
Category : Law
Languages : en
Pages : 273
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Book Description
Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.
Author: Cosmin Cercel
Publisher: Taylor & Francis
ISBN: 1040152244
Category : Law
Languages : en
Pages : 219
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Book Description
A century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis’ main concept: ‘legal form’. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law’s dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted. Including the first English translation of Pashukanis’ essay, ‘Hegel, State and Law’, this collection will be of considerable interest to scholars and students of legal and political theory.
Author: Jacqueline Behrend
Publisher: Oxford University Press
ISBN: 0197570682
Category : Education
Languages : en
Pages : 1073
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Book Description
"The categories commonly mobilized to think about education have long been associated with the notion of the nation state, and functioned as obstacles, rather than resources, for our understanding of how globalization plays out in this particular field. In the last two decades, both social theory and comparative politics have attempted to overcome these limitations in their own way. Social theory increasingly acknowledged education as a global phenomenon. Theories have been developed to describe a global society evolving across borders. They show how, through processes that remain debated (cultural isomorphism, capitalism, functional differentiation), a number of structural and semantic evolutions have spread across education systems. Part I of this Handbook is dedicated to presenting, discussing, and comparing three such theories of globalization and their implications for our understanding of education and education policy. Comparative politics has for its part concerned itself with developing a more complex, less unified and 'transformationalist' view of the State by acknowledging the fragmentation and distribution of its functions among distinct domains and levels. Part II gravitates around this global constellation, with chapters focusing on global reforms, norms and ideas put forward by supranational organizations, on international accountability processes and on the ways in which nation states or local actors adopt, implement or resist global ideas and reforms. The two Parts reflect these disciplinary approaches to the relation between globalization and education. Together, these two approaches seek to provide a comprehensive overview of how globalization and education interact to result in distinct and varying outcomes across world regions"--
